Incompetent DVLA legal advice please.

Incompetent DVLA legal advice please.

Author
Discussion

Sheepshanks

32,797 posts

120 months

Thursday 26th January 2017
quotequote all
frankenstein12 said:
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.
Did you or the seller send off the yellow part of the V5C to say it had been sold into the trade?

Trabi601

4,865 posts

96 months

Thursday 26th January 2017
quotequote all
Alex said:
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.
User error. Always take the plate off the car BEFORE sending off a change of ownership.

anonymous-user

55 months

Thursday 26th January 2017
quotequote all
Trabi601 said:
Alex said:
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.
User error. Always take the plate off the car BEFORE sending off a change of ownership.
.

You're right, that's the best way to do it. Shouldn't need to be but is because the DVLA are quite inept given the resources they employ.

Of course, if their focus was service and not simply maximising revenue, they might do better.

Red Devil

13,060 posts

209 months

Thursday 26th January 2017
quotequote all
frankenstein12 said:
Any ideas on how I deal with this?
1. Pay them.
2. "See you in court"
If 2, what will your defence strategy be?

frankenstein12 said:
Car was sat in off road courtyard unused and was taxed via monthly direct debit and insured on trade policy.
So you're in the motor trade. You should surely know the rules better than an ordinary MoP.

frankenstein12 said:
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.
Did it not strike you as odd that you did not receive a new V5C at any point during the next 6 months?
Also, why oh why didn't you do the change of RK online? - https://www.gov.uk/sold-bought-vehicle/y/yes/sold-...
Sending bits of paper to Swansea is always risky given the known ability of DVLA to lose mail internally.

They only know there is a problem if/when you complain!
https://www.whatdotheyknow.com/request/8066/respon...
https://www.gov.uk/government/uploads/system/uploa...

frankenstein12 said:
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.
Do you never check your bank statements?

Don't get me wrong, the DVLA is a totally unaccountable Agency which needs root and branch reform.
Unfortunately this requires a Secretary of State for Transport who is willing to bring it about.
As the post is a revolving door very few SoS ever stay long enough to do so and none have cojones anyway.




frankenstein12

Original Poster:

1,915 posts

97 months

Thursday 26th January 2017
quotequote all
Sheepshanks said:
frankenstein12 said:
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.
Did you or the seller send off the yellow part of the V5C to say it had been sold into the trade?
Bought from a trade auction so yes. DVLA have the car on their system as "in trade" according to a woman i spoke to today.


frankenstein12

Original Poster:

1,915 posts

97 months

Thursday 26th January 2017
quotequote all
Red Devil said:
frankenstein12 said:
Any ideas on how I deal with this?
1. Pay them.
2. "See you in court" Put simply given the nature of my day to day work even if I wanted to that's not an option
If 2, what will your defence strategy be?

frankenstein12 said:
Car was sat in off road courtyard unused and was taxed via monthly direct debit and insured on trade policy.
So you're in the motor trade. You should surely know the rules better than an ordinary MoP. The above is as I understand it not relevant.The car was taxed and insured and it was also kept off the public highway until I sent off to put the car in my name.
The car was registered as in trade on their system whilst sat in my yard.

The DVLA cancelled the road tax 4 months after I sent the new keepers paperwork to them.
I was also not a full time trader. I have a normal day job and had a trade policy as I chop and change cars quite often due to doing high mileage and was going to try my hand at buying and selling a few alongside my day job but decided its not worth it.

frankenstein12 said:
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.
Did it not strike you as odd that you did not receive a new V5C at any point during the next 6 months? I would have had I realised I had not received it and I would have promptly followed it up unfortunately as I have already said I have a very bad memory and don't exactly go through all my cars documents on a regular basis for no reason.

Also, why oh why didn't you do the change of RK online? - https://www.gov.uk/sold-bought-vehicle/y/yes/sold-...
Sending bits of paper to Swansea is always risky given the known ability of DVLA to lose mail internally.

They only know there is a problem if/when you complain!
https://www.whatdotheyknow.com/request/8066/respon...
https://www.gov.uk/government/uploads/system/uploa...

frankenstein12 said:
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.
Do you never check your bank statements?

Not often no i am one of those reckless people who doesn't go through their account every month to make sure that every single payment that was meant to go out actually did.Instead I rely on a policy of making sure there is more than enough money in my account that any payment that goes out or may go out will be comfortably covered.

Don't get me wrong, the DVLA is a totally unaccountable Agency which needs root and branch reform.
Unfortunately this requires a Secretary of State for Transport who is willing to bring it about.
As the post is a revolving door very few SoS ever stay long enough to do so and none have cojones anyway.
Edited by frankenstein12 on Thursday 26th January 22:09


Edited by frankenstein12 on Thursday 26th January 22:10


Edited by frankenstein12 on Thursday 26th January 22:12

V8 Fettler

7,019 posts

133 months

Friday 27th January 2017
quotequote all
KevinCamaroSS said:
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.
A consistent thing is not necessarily a good thing, arthritis can be consistent. You appear to be suggesting that it's easier to go through hoops on a phone rather than simply drive away in a car that's already taxed.

What meaningful benefit does the current system of "tax is cancelled at the point of sale" bring to the buyer or the seller? I can certainly see the financial benefits to the DVLA.

V8 Fettler

7,019 posts

133 months

Friday 27th January 2017
quotequote all
Trabi601 said:
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'?
No local mobile internet available the last time I bought from a trader (2016).

Alex

9,975 posts

285 months

Friday 27th January 2017
quotequote all
Trabi601 said:
User error. Always take the plate off the car BEFORE sending off a change of ownership.
Accepted, but I still shouldn't have received a V5C for the wrong car.

cmaguire

3,589 posts

110 months

Friday 27th January 2017
quotequote all
V8 Fettler said:
A consistent thing is not necessarily a good thing, arthritis can be consistent. You appear to be suggesting that it's easier to go through hoops on a phone rather than simply drive away in a car that's already taxed.

What meaningful benefit does the current system of "tax is cancelled at the point of sale" bring to the buyer or the seller? I can certainly see the financial benefits to the DVLA.
It's yet another piece of legislation from the State to address a hyped-up problem of minor consequence, that subsequently creates a number of other problems and inconvenience mainly for those that weren't guilty of the hyped-up problem to start with, and who then fall foul of the subsequent fines (for doing something innocuous that was not an issue previously).

Sheepshanks

32,797 posts

120 months

Friday 27th January 2017
quotequote all
frankenstein12 said:
Bought from a trade auction so yes. DVLA have the car on their system as "in trade" according to a woman i spoke to today.
I didn't think you can tax a car that's "in trade"?

When you registered in your name you should have re-taxed it then, although they seem to have lost your request to put it in your name anyway. As others have said, you really ought to look out for these docs coming back - make a note in 'phone / diary. Or do it online - far easier and more reliable.

KevinCamaroSS

11,640 posts

281 months

Friday 27th January 2017
quotequote all
V8 Fettler said:
KevinCamaroSS said:
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.
A consistent thing is not necessarily a good thing, arthritis can be consistent. You appear to be suggesting that it's easier to go through hoops on a phone rather than simply drive away in a car that's already taxed.

What meaningful benefit does the current system of "tax is cancelled at the point of sale" bring to the buyer or the seller? I can certainly see the financial benefits to the DVLA.
How would you know it is taxed though? No disc displayed nowadays. Much simpler to know that it is not.

V8 Fettler

7,019 posts

133 months

Friday 27th January 2017
quotequote all
KevinCamaroSS said:
V8 Fettler said:
KevinCamaroSS said:
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.
A consistent thing is not necessarily a good thing, arthritis can be consistent. You appear to be suggesting that it's easier to go through hoops on a phone rather than simply drive away in a car that's already taxed.

What meaningful benefit does the current system of "tax is cancelled at the point of sale" bring to the buyer or the seller? I can certainly see the financial benefits to the DVLA.
How would you know it is taxed though? No disc displayed nowadays. Much simpler to know that it is not.
All part of the online checks undertaken to ensure that the vehicle is as described before travelling when buying a car from a trader.

Red Devil

13,060 posts

209 months

Friday 27th January 2017
quotequote all
I very seldom allow others' responses to irritate me enough to feel the need to be forthright but, congratulations, you have succeeded. rolleyes

Your first one answers your own question. Pay the OCS (out of court settlement) and stop wasting everbody's time.
The next fails to address my point. Anybody who trades cars should be well aware that any change of RK automatically cancels any current VED.
Furthermore, if DVLA are notified that the car is 'in trade' (by the completed yellow V5C/3) it automatically becomes no longer taxed. So that one doesn't wash either.
Previous RK gets refunded any unexpired months VED. See this thread - http://www.pistonheads.com/gassing/topic.asp?t=145...
The one after that also doesn't cut it. Either you are in business as a trader or you're not. The amount of time you spend doing it is irrelevant.
http://www.motor-trade-insurances.co.uk/Motor-Trad...
http://www.tradex.com/motor-trade-insurance/car-de...
You might want to read this thread as well - http://www.pistonheads.com/gassing/topic.asp?h=0&a... (n.b. the VED rules have changed since then).
The bad memory excuse is pretty pathetic. Would you have also used it as an excuse for failing to submit a return and paying tax on your business profits?
The 'no reason' turns out to be wrong too, as you have just found out. What else might you have missed?
You would only have needed to check one month's transactions to discover the DD was missing so I don't buy that excuse either.

The DVLA has many failings and it can be a high handed and intransigent organisation. That said, you haven't exactly helped yourself due to a lack of understanding and personal choices.
Whatever sympathy I may have had for your situation has evaporated.

Btw, if you chop and change your cars frequently you might find this useful in future - https://www.gov.uk/get-vehicle-information-from-dv...

frankenstein12 said:
Red Devil said:
frankenstein12 said:
Any ideas on how I deal with this?
1. Pay them.
2. "See you in court" Put simply given the nature of my day to day work even if I wanted to that's not an option
If 2, what will your defence strategy be?

frankenstein12 said:
Car was sat in off road courtyard unused and was taxed via monthly direct debit and insured on trade policy.
So you're in the motor trade. You should surely know the rules better than an ordinary MoP. The above is as I understand it not relevant.The car was taxed and insured and it was also kept off the public highway until I sent off to put the car in my name.
The car was registered as in trade on their system whilst sat in my yard.

The DVLA cancelled the road tax 4 months after I sent the new keepers paperwork to them.
I was also not a full time trader. I have a normal day job and had a trade policy as I chop and change cars quite often due to doing high mileage and was going to try my hand at buying and selling a few alongside my day job but decided its not worth it.

frankenstein12 said:
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.
Did it not strike you as odd that you did not receive a new V5C at any point during the next 6 months? I would have had I realised I had not received it and I would have promptly followed it up unfortunately as I have already said I have a very bad memory and don't exactly go through all my cars documents on a regular basis for no reason.

Also, why oh why didn't you do the change of RK online? - https://www.gov.uk/sold-bought-vehicle/y/yes/sold-...
Sending bits of paper to Swansea is always risky given the known ability of DVLA to lose mail internally.

They only know there is a problem if/when you complain!
https://www.whatdotheyknow.com/request/8066/respon...
https://www.gov.uk/government/uploads/system/uploa...

frankenstein12 said:
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.
Do you never check your bank statements?

Not often no i am one of those reckless people who doesn't go through their account every month to make sure that every single payment that was meant to go out actually did.Instead I rely on a policy of making sure there is more than enough money in my account that any payment that goes out or may go out will be comfortably covered.

Don't get me wrong, the DVLA is a totally unaccountable Agency which needs root and branch reform.
Unfortunately this requires a Secretary of State for Transport who is willing to bring it about.
As the post is a revolving door very few SoS ever stay long enough to do so and none have cojones anyway.

frankenstein12

Original Poster:

1,915 posts

97 months

Friday 27th January 2017
quotequote all
Sheepshanks said:
frankenstein12 said:
Bought from a trade auction so yes. DVLA have the car on their system as "in trade" according to a woman i spoke to today.
I didn't think you can tax a car that's "in trade"?

When you registered in your name you should have re-taxed it then, although they seem to have lost your request to put it in your name anyway. As others have said, you really ought to look out for these docs coming back - make a note in 'phone / diary. Or do it online - far easier and more reliable.
On this point I cannot disagree at all. As said however the root cause of this is the fact they have TWICE lost my registration documents. Its hero level idiocy.

Stupidly I thought doing my tax online and by direct debit was the smart thing to do as I assumed if they cancelled it they would notify me. Stupid me.

frankenstein12

Original Poster:

1,915 posts

97 months

Friday 27th January 2017
quotequote all
Red Devil said:
I very seldom allow others' responses to irritate me enough to feel the need to be forthright but, congratulations, you have succeeded. rolleyes

Your first one answers your own question. Pay the OCS (out of court settlement) and stop wasting everbody's time.
The next fails to address my point. Anybody who trades cars should be well aware that any change of RK automatically cancels any current VED.
Furthermore, if DVLA are notified that the car is 'in trade' (by the completed yellow V5C/3) it automatically becomes no longer taxed. So that one doesn't wash either.
Previous RK gets refunded any unexpired months VED. See this thread - http://www.pistonheads.com/gassing/topic.asp?t=145...
The one after that also doesn't cut it. Either you are in business as a trader or you're not. The amount of time you spend doing it is irrelevant.
http://www.motor-trade-insurances.co.uk/Motor-Trad...
http://www.tradex.com/motor-trade-insurance/car-de...
You might want to read this thread as well - http://www.pistonheads.com/gassing/topic.asp?h=0&a... (n.b. the VED rules have changed since then).
The bad memory excuse is pretty pathetic. Would you have also used it as an excuse for failing to submit a return and paying tax on your business profits?
The 'no reason' turns out to be wrong too, as you have just found out. What else might you have missed?
You would only have needed to check one month's transactions to discover the DD was missing so I don't buy that excuse either.

The DVLA has many failings and it can be a high handed and intransigent organisation. That said, you haven't exactly helped yourself due to a lack of understanding and personal choices.
Whatever sympathy I may have had for your situation has evaporated.

Btw, if you chop and change your cars frequently you might find this useful in future - https://www.gov.uk/get-vehicle-information-from-dv...

frankenstein12 said:
Red Devil said:
frankenstein12 said:
Any ideas on how I deal with this?
1. Pay them.
2. "See you in court" Put simply given the nature of my day to day work even if I wanted to that's not an option
If 2, what will your defence strategy be?

frankenstein12 said:
Car was sat in off road courtyard unused and was taxed via monthly direct debit and insured on trade policy.
So you're in the motor trade. You should surely know the rules better than an ordinary MoP. The above is as I understand it not relevant.The car was taxed and insured and it was also kept off the public highway until I sent off to put the car in my name.
The car was registered as in trade on their system whilst sat in my yard.

The DVLA cancelled the road tax 4 months after I sent the new keepers paperwork to them.
I was also not a full time trader. I have a normal day job and had a trade policy as I chop and change cars quite often due to doing high mileage and was going to try my hand at buying and selling a few alongside my day job but decided its not worth it.

frankenstein12 said:
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.
Did it not strike you as odd that you did not receive a new V5C at any point during the next 6 months? I would have had I realised I had not received it and I would have promptly followed it up unfortunately as I have already said I have a very bad memory and don't exactly go through all my cars documents on a regular basis for no reason.

Also, why oh why didn't you do the change of RK online? - https://www.gov.uk/sold-bought-vehicle/y/yes/sold-...
Sending bits of paper to Swansea is always risky given the known ability of DVLA to lose mail internally.

They only know there is a problem if/when you complain!
https://www.whatdotheyknow.com/request/8066/respon...
https://www.gov.uk/government/uploads/system/uploa...

frankenstein12 said:
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.
Do you never check your bank statements?

Not often no i am one of those reckless people who doesn't go through their account every month to make sure that every single payment that was meant to go out actually did.Instead I rely on a policy of making sure there is more than enough money in my account that any payment that goes out or may go out will be comfortably covered.

Don't get me wrong, the DVLA is a totally unaccountable Agency which needs root and branch reform.
Unfortunately this requires a Secretary of State for Transport who is willing to bring it about.
As the post is a revolving door very few SoS ever stay long enough to do so and none have cojones anyway.
You miss the fact the car had been taxed in my personal name since mid 2015 by monthly direct debit even though it was registered "in trade" with DVLA. That had not changed. The reason the Tax was cancelled was NOT because of change of keeper but because there was NO registered keeper. They cancelled the Tax 4-5 months after I originally sent off for new keeper documents which they lost.


As to wasting everyone time thanks you need not reply any further if it bothers you so.

My request is what to do about the letter and how to reply to appeal the penalty. Yes I know I have said I don't expect to win but I would like to go through the process correctly so that when they refuse and I am forced to pay I can then take them to court to try recover my money.

steve-5snwi

8,670 posts

94 months

Friday 27th January 2017
quotequote all
Alex said:
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.
We had had something similar, a 63 plate BMW came back with a 60 plate, despite speaking to various people nobody actually knew what was going on.itwas made even more difficult because it was a pain in the ass to get it mot'd.


TooMany2cvs

29,008 posts

127 months

Monday 20th February 2017
quotequote all
The latest on this is in another thread...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...

frankenstein12

Original Poster:

1,915 posts

97 months

Monday 20th February 2017
quotequote all
TooMany2cvs said:
The latest on this is in another thread...
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
Thanks 2cvs. Other thread is simply about getting answers to questions about small claims to try work out whether I can risk taking them to court.

TooMany2cvs

29,008 posts

127 months

Monday 20th February 2017
quotequote all
frankenstein12 said:
Other thread is simply about getting answers to questions about small claims to try work out whether I can risk taking them to court.
Short version of my answer in that thread: You have nothing to take them to court for.