Incompetent DVLA legal advice please.

Incompetent DVLA legal advice please.

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frankenstein12

Original Poster:

1,915 posts

96 months

Wednesday 25th January 2017
quotequote all
Hi right.

A weird one. Last March 2016 I MOT'd my car, sent off for a new V5 and set up a direct debit to pay my road tax. All was well with the world and life carried on.

On the 18th of November 2016 I found my car clamped on the street for no tax. I found this odd. I called the DVLA who advised the car was showing on their system as having no registered keeper and as such in July they cancelled the road tax direct debit.

To be fair to them I don't recall ever receiving a new V5 and certainly cant find one at home but after sending off for it gave it no more thought.

Under the new road tax system when you tax the car you have to put in the cars details as well as your own such as Name address and bank details. I asked why they had not contacted me to enquire why the car was not registered and they said they didnt have to.

As such I had to go into town the same day and pay for 6 months road tax up front, £100 to remove the clamp and I also had to pay £25 and hand over a V62 for a new V5 as I no longer had any paperwork. I asked the woman at the post office counter for the V62 back so I could post it to the DVLA and she said they would forward it for me.

Bearing in mind that was the 18th of November 2016 I have still not received the V5 for my car.

I sent off an email complaint around a week ago demanding the DVLA refund the clamping fee. I have heard nothing back.

Today I came home to a letter

We have received an offence report that on the 18/11/2016 the above vehicle was seen on X road whilst unlicensed. Even if the vehicle has been licensed since this date the offence still stands.

This relates to section 29 Offence using/keeping a vehicle and is separate to the fees paid to the agencies wheel clamping contractors.

As our latest information shows you were the registered keeper on that date we now request that you take action.

If you were the keeper on the date of the alleged offence an out of court settlement of £206 is required to avoid court action. Please make your cheque or postal order payable to dvla and return no later than 06/02/2017.



Any ideas on how I deal with this?

Thanks

sherbertdip

1,107 posts

119 months

Wednesday 25th January 2017
quotequote all
frankenstein12 said:
Hi right.

A weird one. Last March 2016 I MOT'd my car, sent off for a new V5 and set up a direct debit to pay my road tax. All was well with the world and life carried on.

On the 18th of November 2016 I found my car clamped on the street for no tax. I found this odd. I called the DVLA who advised the car was showing on their system as having no registered keeper and as such in July they cancelled the road tax direct debit.

To be fair to them I don't recall ever receiving a new V5 and certainly cant find one at home but after sending off for it gave it no more thought.

Under the new road tax system when you tax the car you have to put in the cars details as well as your own such as Name address and bank details. I asked why they had not contacted me to enquire why the car was not registered and they said they didnt have to.

As such I had to go into town the same day and pay for 6 months road tax up front, £100 to remove the clamp and I also had to pay £25 and hand over a V62 for a new V5 as I no longer had any paperwork. I asked the woman at the post office counter for the V62 back so I could post it to the DVLA and she said they would forward it for me.

Bearing in mind that was the 18th of November 2016 I have still not received the V5 for my car.

I sent off an email complaint around a week ago demanding the DVLA refund the clamping fee. I have heard nothing back.

Today I came home to a letter

We have received an offence report that on the 18/11/2016 the above vehicle was seen on X road whilst unlicensed. Even if the vehicle has been licensed since this date the offence still stands.

This relates to section 29 Offence using/keeping a vehicle and is separate to the fees paid to the agencies wheel clamping contractors.

As our latest information shows you were the registered keeper on that date we now request that you take action.

If you were the keeper on the date of the alleged offence an out of court settlement of £206 is required to avoid court action. Please make your cheque or postal order payable to dvla and return no later than 06/02/2017.



Any ideas on how I deal with this?

Thanks
I'm sorry I can't help in this, it does look very odd, but why were you sending off for a new V5 at the same time as having an MOT for a car you all ready own, this could be the root of the problem.

frankenstein12

Original Poster:

1,915 posts

96 months

Wednesday 25th January 2017
quotequote all
sherbertdip said:
frankenstein12 said:
Hi right.

A weird one. Last March 2016 I MOT'd my car, sent off for a new V5 and set up a direct debit to pay my road tax. All was well with the world and life carried on.

On the 18th of November 2016 I found my car clamped on the street for no tax. I found this odd. I called the DVLA who advised the car was showing on their system as having no registered keeper and as such in July they cancelled the road tax direct debit.

To be fair to them I don't recall ever receiving a new V5 and certainly cant find one at home but after sending off for it gave it no more thought.

Under the new road tax system when you tax the car you have to put in the cars details as well as your own such as Name address and bank details. I asked why they had not contacted me to enquire why the car was not registered and they said they didnt have to.

As such I had to go into town the same day and pay for 6 months road tax up front, £100 to remove the clamp and I also had to pay £25 and hand over a V62 for a new V5 as I no longer had any paperwork. I asked the woman at the post office counter for the V62 back so I could post it to the DVLA and she said they would forward it for me.

Bearing in mind that was the 18th of November 2016 I have still not received the V5 for my car.

I sent off an email complaint around a week ago demanding the DVLA refund the clamping fee. I have heard nothing back.

Today I came home to a letter

We have received an offence report that on the 18/11/2016 the above vehicle was seen on X road whilst unlicensed. Even if the vehicle has been licensed since this date the offence still stands.

This relates to section 29 Offence using/keeping a vehicle and is separate to the fees paid to the agencies wheel clamping contractors.

As our latest information shows you were the registered keeper on that date we now request that you take action.

If you were the keeper on the date of the alleged offence an out of court settlement of £206 is required to avoid court action. Please make your cheque or postal order payable to dvla and return no later than 06/02/2017.



Any ideas on how I deal with this?

Thanks
I'm sorry I can't help in this, it does look very odd, but why were you sending off for a new V5 at the same time as having an MOT for a car you all ready own, this could be the root of the problem.
I have trade insurance and prior to that point the car had been sat in my private courtyard insured under my trade policy. Oh I have just realised at the point of sending off for the V5 it will have been taxed for a period of time prior anyway by direct debit so forget the whole I taxed it at the same time.

Clearly it was taxed already and I simply MOT'd it and sent off the new keepers docs for the V5.I need to go through my banking records to see when I originally taxed it but I am certain it had been taxed for a few months already.

TooLateForAName

4,744 posts

184 months

Wednesday 25th January 2017
quotequote all
frankenstein12 said:
Clearly it was taxed already and I simply MOT'd it and sent off the new keepers docs for the V5.I need to go through my banking records to see when I originally taxed it but I am certain it had been taxed for a few months already.
I bet this is the issue. Remember that tax now expires on a change of keeper. When you sent off the V5 thst will have registered a change of owner and end of tax.

frankenstein12

Original Poster:

1,915 posts

96 months

Wednesday 25th January 2017
quotequote all
TooLateForAName said:
frankenstein12 said:
Clearly it was taxed already and I simply MOT'd it and sent off the new keepers docs for the V5.I need to go through my banking records to see when I originally taxed it but I am certain it had been taxed for a few months already.
I bet this is the issue. Remember that tax now expires on a change of keeper. When you sent off the V5 thst will have registered a change of owner and end of tax.
You would think but the root cause was that when I sent the original new keeper request for the log book in march they did not register the car hence why they cancelled the road tax direct debit.

quoteunquote_sir_

165 posts

184 months

Wednesday 25th January 2017
quotequote all
TooLateForAName said:
I bet this is the issue. Remember that tax now expires on a change of keeper. When you sent off the V5 thst will have registered a change of owner and end of tax.
This ^

You've definitely been unlucky and sounds like you got caught out by the ever changing rules. The DVLA are not the most forthcoming or competent organisation, either. I have learnt the hard way to also keep copies/records of every dealing with them, as they are notorious for losing paperwork and claiming it was never sent, or getting key information like names and addresses wrong.

V8 Fettler

7,019 posts

132 months

Thursday 26th January 2017
quotequote all
Expiry of road tax at the point of sale is to the benefit of the DVLA and to the detriment of the seller and the buyer. DVLA = yet another public sector organisation that should be dismantled.

thescamper

920 posts

226 months

Thursday 26th January 2017
quotequote all
V8 Fettler said:
Expiry of road tax at the point of sale is to the benefit of the DVLA and to the detriment of the seller and the buyer. DVLA = yet another public sector organisation that should be dismantled.
And replaced with what, a commercial organisation whose sole aim is to make a drive down costs and make ever larger profits for its shareholders. Mmmm have we not seen how well privatisation works in the railways.

I agree that DVLA does seem to make an inordinate number of mistakes but I'm guessing that its a very small percentage of transactions that go wrong. Unfortunately no-one is perfect.

V8 Fettler

7,019 posts

132 months

Thursday 26th January 2017
quotequote all
thescamper said:
V8 Fettler said:
Expiry of road tax at the point of sale is to the benefit of the DVLA and to the detriment of the seller and the buyer. DVLA = yet another public sector organisation that should be dismantled.
And replaced with what, a commercial organisation whose sole aim is to make a drive down costs and make ever larger profits for its shareholders. Mmmm have we not seen how well privatisation works in the railways.

I agree that DVLA does seem to make an inordinate number of mistakes but I'm guessing that its a very small percentage of transactions that go wrong. Unfortunately no-one is perfect.
An organisation that's accountable and acts in the interests of the users would be a good start.

Unfortunately, the railways were never fully privatised i.e. no subsidy from the taxpayer.

brrapp

3,701 posts

162 months

Thursday 26th January 2017
quotequote all
OP , can you explain the circumstances again please, I'm sorry if I'm a bit slow but I'm still trying to piece together what happened so that I or someone else might be able to help/give advice.
From what you've said it looks like you sent off the V5 in March(for the car to be registered in your name for the first time?) while it was already taxed. If that was the case then they'll have cancelled the tax and refunded the previous keeper so they'll be right in saying that it wasn't taxed after that date. I think you're saying you were already paying tax by direct debit before that date, for a car that wasn't registered in your name? That doesn't make sense.
I think I'm missing something in understanding what went on so would be grateful if you could clarify.Can you set down a timeline to help us help you sort it out? ie. date you got car, date you set up tax, date you notified changes etc.
Thanks .

KevinCamaroSS

11,623 posts

280 months

Thursday 26th January 2017
quotequote all
V8 Fettler said:
Expiry of road tax at the point of sale is to the benefit of the DVLA and to the detriment of the seller and the buyer. DVLA = yet another public sector organisation that should be dismantled.
Really? What about all those cars on dealer forecourts that still had tax? Now they will not.

V8 Fettler

7,019 posts

132 months

Thursday 26th January 2017
quotequote all
KevinCamaroSS said:
V8 Fettler said:
Expiry of road tax at the point of sale is to the benefit of the DVLA and to the detriment of the seller and the buyer. DVLA = yet another public sector organisation that should be dismantled.
Really? What about all those cars on dealer forecourts that still had tax? Now they will not.
Is that a good or a bad thing? I always found it easier to buy a car with some tax remaining than to go through hoops immediately after purchase trying to communicate with the DVLA.

frankenstein12

Original Poster:

1,915 posts

96 months

Thursday 26th January 2017
quotequote all
brrapp said:
OP , can you explain the circumstances again please, I'm sorry if I'm a bit slow but I'm still trying to piece together what happened so that I or someone else might be able to help/give advice.

I think I'm missing something in understanding what went on so would be grateful if you could clarify.Can you set down a timeline to help us help you sort it out? ie. date you got car, date you set up tax, date you notified changes etc.
Thanks .
Ok TImeline

Bought car in 2015 cant remember exact date i think mid year June/July

Car was sat in off road courtyard unused and was taxed via monthly direct debit and insured on trade policy.

March 2016 Put New Mot on car and sent off new keeper supplement to put car in my name and started using car as my daily.

November 2016 Car was clamped for No road tax.
Contacted DVLA who stated they cancelled/stopped taking the Direct debit end of July 2016 as car not registered.

Same day car was clamped I paid for clamp to be removed and went to the post office and paid for 6 months tax up front and handed over £25 and a v62 form to request the V5/log book . The post office took the V62 put some details on their system and when I asked for the V62 back so I could mail it they said it wasn't necessary as they would forward it to the DVLA.

I have now received a fine from DVLA enforcement stating their records show I was the keeper of the vehicle on the date it was clamped. I have spoken with the DVLA V5 department who state there is no keeper against my cars details as apparently they never received the V62 document.

As such how could DVLA Enforcement records show me as the keeper on the date of the offence as I have no prior contact with them?


This is all starting to get extremely annoying and stressful. My hands are very much tied as I can appeal the fine however I have to appeal the fine to the DVLA who will beyond any doubt reject the appeal as they wont want to admit mistakes and I cannot allow them to then take me to court and risk losing and getting a ccj.




Edited by frankenstein12 on Thursday 26th January 17:11

Trabi601

4,865 posts

95 months

Thursday 26th January 2017
quotequote all
V8 Fettler said:
Is that a good or a bad thing? I always found it easier to buy a car with some tax remaining than to go through hoops immediately after purchase trying to communicate with the DVLA.
You mean 'go onto a website on your smartphone, tap in a few details, drive away knowing you're taxed and legal'?

KevinCamaroSS

11,623 posts

280 months

Thursday 26th January 2017
quotequote all
V8 Fettler said:
Is that a good or a bad thing? I always found it easier to buy a car with some tax remaining than to go through hoops immediately after purchase trying to communicate with the DVLA.
In all cases you now know it needs taxing, therefore consistent. No problem with that, easily done.

JB!

5,254 posts

180 months

Thursday 26th January 2017
quotequote all
New vehicle tax laws are pointless and st, so frustrating, I feel for you OP.

frankenstein12

Original Poster:

1,915 posts

96 months

Thursday 26th January 2017
quotequote all
JB! said:
New vehicle tax laws are pointless and st, so frustrating, I feel for you OP.
I have never come across a more incompetent bunch of assholes in my life. At the moment if I appeal the fine and they reject the appeal the DVLA through their incompetence will have cost me the better part of £1000 over the last 2 and a half years.

Sheepshanks

32,725 posts

119 months

Thursday 26th January 2017
quotequote all
frankenstein12 said:
Bought car in 2015 cant remember exact date i think mid year June/July
Who did you register it to?



frankenstein12

Original Poster:

1,915 posts

96 months

Thursday 26th January 2017
quotequote all
Sheepshanks said:
frankenstein12 said:
Bought car in 2015 cant remember exact date i think mid year June/July
Who did you register it to?
Nobody as I didn't need to as it was on a trade policy.

Alex

9,975 posts

284 months

Thursday 26th January 2017
quotequote all
The DVLA are fking useless.

I bought a VW Polo for my daughter from a friend. It had a private plate which my friend applied to transfer.

Our mistake: we sent off the V5C with the old registration on.

What do you think I got back? A V5C with the new age related plate? A letter saying that the reg had changed so the V5C couldn't be issued?

No. I received a V5C in my name, with the old reg, for a Mercedes E270 Estate!

This means that new keeper process uses the registration number, not the VIN. Now that is st system design, and somebody should be sacked.