Discussion
I'm fuming, paid by cheque for my cartax back in Nov, due to my own stupidity i didnt have enough "cleared" funds for the cheque to go through on.
1 bouncing chq later, i would have thougt it would have been re-represented (i thought this happened automatically) but it didnt.
Had a court summons this morning saying that i "failed to deliver" the car tax back
"A Statutary notice requiring the void licence be delivered up within 7 days was sent to me on the 7/12/4"
I never received this notice, had i of course i would have sent it in and re-applied for the tax disc.
I'm happy to go to court and explain the circumstances but any idea what i might be fined, never dont this sort of thing before, but i suppose as i'm fairly weel oof i'll get the book thrown at me
Grrrr, i'm so angry with myself at this moment.
Feel free to berate me and point out its my fault but all those sanctimonious types will probably get a pi55ed off reply back.
Constructive feed back please !!
1 bouncing chq later, i would have thougt it would have been re-represented (i thought this happened automatically) but it didnt.
Had a court summons this morning saying that i "failed to deliver" the car tax back
"A Statutary notice requiring the void licence be delivered up within 7 days was sent to me on the 7/12/4"
I never received this notice, had i of course i would have sent it in and re-applied for the tax disc.
I'm happy to go to court and explain the circumstances but any idea what i might be fined, never dont this sort of thing before, but i suppose as i'm fairly weel oof i'll get the book thrown at me
Grrrr, i'm so angry with myself at this moment.
Feel free to berate me and point out its my fault but all those sanctimonious types will probably get a pi55ed off reply back.
Constructive feed back please !!
Section 19A Vehicle Excise and Registration Act 1994 deals with this matter and allows the Sec of State (DVLA) to issue a VEL on receipt of a cheque for the amount payable.
Where the cheque is subsequently dishonoured and Sec of State sends a Notice by post that the Licence is void as from the time it was granted, the licence shall be void from the time it was granted.
i.e. No Licence in force for the vehicle.
Or
VEL issued paid by cheque,
Cheque dishonoured,
DVLA send Notice by post requiring person to secure the duty payable within such time as stated in notice,
Requirement not complied with, then
Licence void.
The Notice may well stipulate that the Licence issued is to be returned to DVLA and if not delivered up then summary offence committed under Section 35A (as amended and punishable with Level 3 fine IIRC max 1000 (no points)or an amount equal to five times the duty payable on the vehicle.
What's the position regarding the vehicle now? Has it been taxed?
Looks as if the only course now, since summons issued is to attend and plead that you never got the Notice (Very fraught bit like a NOIP???) since they will no doubt say sent out by post so therefore served.
DVD
>> Edited by Dwight VanDriver on Tuesday 1st February 16:32
Where the cheque is subsequently dishonoured and Sec of State sends a Notice by post that the Licence is void as from the time it was granted, the licence shall be void from the time it was granted.
i.e. No Licence in force for the vehicle.
Or
VEL issued paid by cheque,
Cheque dishonoured,
DVLA send Notice by post requiring person to secure the duty payable within such time as stated in notice,
Requirement not complied with, then
Licence void.
The Notice may well stipulate that the Licence issued is to be returned to DVLA and if not delivered up then summary offence committed under Section 35A (as amended and punishable with Level 3 fine IIRC max 1000 (no points)or an amount equal to five times the duty payable on the vehicle.
What's the position regarding the vehicle now? Has it been taxed?
Looks as if the only course now, since summons issued is to attend and plead that you never got the Notice (Very fraught bit like a NOIP???) since they will no doubt say sent out by post so therefore served.
DVD
>> Edited by Dwight VanDriver on Tuesday 1st February 16:32
Dwight VanDriver said:
Looks as if the only course now, since summons issued is to attend and plead that you never got the Notice (Very fraught bit like a NOIP???) since they will no doubt say send out by post so therefore served.
DVD
Indeed as above. I'll be taxing the car tomorrow !!
Section of the act i'll post later !!
DVD,
If the DVLA can say 'we put it in the post so you must have got it', couldn't Hughsie2 say 'I sent it back the day I received it with a letter requesting that you re-submit the cheque. Not my fault if you didn't get it.'
I am sure it wouldn't work as it is one of those situations where the powers that be are deemed to be perfect and we are assumed to be liars unless we can prove otherwise but why? Shouldn't all correspondence that requires the recipient to take action to avoid further penalty be sent recorded delivery? I am sure that the PTB would argue that it would be excessively costly but surely not as costly as taking people to court because postie was having an off day and dropped it / gave t to someone else?
If the DVLA can say 'we put it in the post so you must have got it', couldn't Hughsie2 say 'I sent it back the day I received it with a letter requesting that you re-submit the cheque. Not my fault if you didn't get it.'
I am sure it wouldn't work as it is one of those situations where the powers that be are deemed to be perfect and we are assumed to be liars unless we can prove otherwise but why? Shouldn't all correspondence that requires the recipient to take action to avoid further penalty be sent recorded delivery? I am sure that the PTB would argue that it would be excessively costly but surely not as costly as taking people to court because postie was having an off day and dropped it / gave t to someone else?
Rusty
Your not advocating a bit of perjury are you......tut tut...the very idea.
Take you point about postage. Save a hell of a lot of arguments. We did in the old days on something as important i.e. Reg or Rec del, but as you say expense has crept in, crapped and first class post used.
DVD
Your not advocating a bit of perjury are you......tut tut...the very idea.
Take you point about postage. Save a hell of a lot of arguments. We did in the old days on something as important i.e. Reg or Rec del, but as you say expense has crept in, crapped and first class post used.
DVD
Dwight VanDriver said:
Rusty
Your not advocating a bit of perjury are you......tut tut...the very idea.
No no no no no no. Merely noting that even if it were true, he still either couldn't say it or that there would be no point. Thank you for the opportunity to clarify my position M'lud.
Dwight VanDriver said:
Oh mah Gawd Hughie.
>>>>>>>I'll be taxing the car tomorrow !! <<<<<<
So the motor has been on DVLA books as untaxed since November 2004?
Have you SORN'd it?
If not you could be in for another little letter from DVLA with an 80 pound fine in it.......
DVD
I never knew it was untaxed as i just assumed that the chq went through !!
It still has the Tax in the window as i never received the letter they claim they sent !!
IUt has actually been off the road, but not SORN'd, i'm happy to pay the Tax, even the back tax on it, i just question that i never received the letter otherwise i would have paid it, i'm not happy about the prospect of a £1000.00 fine for something that i never received though !!
I can only suggest Hughie that when you do re-license the motor you go back and pay from when the last one expired so that you can prove continuation on the big day and also if you get the 80 fine then you can plead what you have stated.
If you re-licence from 1.2.05 and declare that you haven't used the vehicle on a road during expiry of old licence and commencement of new when you obviously have done so, then again could be big trouble - false declaration to obtain a Licence. Somebody may have done a silent check of your vehicle on a road, that's all it takes.
In the meantime if it was me then I would take that Licence down and send it back forthwith to DVLA with a covering letter on what you have said here. Keep a copy to produce at Court.
Keep a perspective on all this and don't take all the doom and gloom I seem to be posting - just poiting out certain matters so that you are aware.
DVD
If you re-licence from 1.2.05 and declare that you haven't used the vehicle on a road during expiry of old licence and commencement of new when you obviously have done so, then again could be big trouble - false declaration to obtain a Licence. Somebody may have done a silent check of your vehicle on a road, that's all it takes.
In the meantime if it was me then I would take that Licence down and send it back forthwith to DVLA with a covering letter on what you have said here. Keep a copy to produce at Court.
Keep a perspective on all this and don't take all the doom and gloom I seem to be posting - just poiting out certain matters so that you are aware.
DVD
Quite right to keep a perspective DVD, your posts do indeed just spell out the situaiton, but what a society Bliar's Britain is when criminals are helped to feel like victims but car drivers are hounded and made to feel like criminals - for the least little oversight or mistake or whatever.
Dwight VanDriver said:
I can only suggest Hughie that when you do re-license the motor you go back and pay from when the last one expired so that you can prove continuation on the big day and also if you get the 80 fine then you can plead what you have stated.
I will do it this way
Dwight VanDriver said:
If you re-licence from 1.2.05 and declare that you haven't used the vehicle on a road during expiry of old licence and commencement of new when you obviously have done so, then again could be big trouble - false declaration to obtain a Licence. Somebody may have done a silent check of your vehicle on a road, that's all it takes.
The vehicle has actually been off the road since the 6th of december, awaiting a new engine, but i will tax the vehicle from the original date and take the other too court !!
Dwight VanDriver said:
In the meantime if it was me then I would take that Licence down and send it back forthwith to DVLA with a covering letter on what you have said here. Keep a copy to produce at Court.
Sound advice !!
Dwight VanDriver said:
Keep a perspective on all this and don't take all the doom and gloom I seem to be posting - just poiting out certain matters so that you are aware.
DVD
Cheers mate, thats why i'm posting for all the good advice !!
Hughesie !
at least you had TRIED to pay for it...and will no doubt make sure the situation never happens again..
Glad all went well..
If it makes you happier...I reported 8 people last week for expired tax discs that were out by some margin...will have to see whether they produce any insurance certificates...
A celebration tonight, for you, I think...
Glad all went well..
If it makes you happier...I reported 8 people last week for expired tax discs that were out by some margin...will have to see whether they produce any insurance certificates...
A celebration tonight, for you, I think...
I never receive car tax reminders in the post from the DVLA. Does this mean there's something wrong in their system? What happens if the same system/data/whatever is used to send me speeding tickets and they don't reach me for the same reason, are they sent recorded delivery?
The only explanation I can think of is that my car for its first 15 years before me was owned by someone who spent most of his time in Iran, and the car's on some sort of government watch list?!?
The only explanation I can think of is that my car for its first 15 years before me was owned by someone who spent most of his time in Iran, and the car's on some sort of government watch list?!?
it seems to me that the dvla and the tax authorities have a lackluster attitude towards tis anyway, last year, i was 2 month out of date on my car tax, purley because i'd forgotten about it and hadn't been sent the usual reminder etc in the post. Now I know that this is my fault but if they insist on this high taxation through road tax then they should damn well let you know when you have to pay for it.
Plus having to go down and queue at the post office for it is a real bind sometimes
Plus having to go down and queue at the post office for it is a real bind sometimes
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