Court for no tax but I was taxed
Discussion
So had a letter demanding a court appearance today claiming I got caught on ANPR on 04-06-18 driving an un taxed car (my car with its private plate on) and didn’t reply to a demand to identify the driver (I did not ever receive such a letter). My bank statement showed payment for tax for said car direct debit to DVLA 01-06-18 but under the old registration. I was told at the time of putting the new plate on that doesn’t matter as they can “see” the original plate under the private plate.
What annoys me is after phoning DVLA they agree yes the car was taxed on 04-06-18 as I paid on 01-06-18 but say now process of it going to court has started nothing I can do except plead not guilty and provide evidence.
Seems mental, has anyone similar experience- surely DVLA should just drop it as their fault not linking my private reg to the car (I have all emails from them saying the plate had been applied almost a year before).
Thoughts of how I should proceed?
What annoys me is after phoning DVLA they agree yes the car was taxed on 04-06-18 as I paid on 01-06-18 but say now process of it going to court has started nothing I can do except plead not guilty and provide evidence.
Seems mental, has anyone similar experience- surely DVLA should just drop it as their fault not linking my private reg to the car (I have all emails from them saying the plate had been applied almost a year before).
Thoughts of how I should proceed?
Fairly regular occurrence with the fleet I manage - there is a lot of automation in the background process which can mean these notifications are sent out without any human sense checking.
Call the DVLA - 0300 790 6802 - and try to get through to (PM me if you missed the name) in the Prosecutions team. Very helpful guy who has helped get a few oversights like this cancelled.
Call the DVLA - 0300 790 6802 - and try to get through to (PM me if you missed the name) in the Prosecutions team. Very helpful guy who has helped get a few oversights like this cancelled.
Edited by S11Steve on Thursday 8th November 14:09
Edited by S11Steve on Thursday 8th November 14:33
S11Steve said:
Fairly regular occurrence with the fleet I manage - there is a lot of automation in the background process which can mean these notifications are sent out without any human sense checking.
He's going to hate you forever now!Edited by S11Steve on Thursday 8th November 14:09
Edited by surveyor on Thursday 8th November 14:31
Herman Toothrot said:
So had a letter demanding a court appearance today claiming I got caught on ANPR on 04-06-18 driving an un taxed car (my car with its private plate on) and didn’t reply to a demand to identify the driver (I did not ever receive such a letter).
Are you being done for no tax, or for failing to identify the driver? There's a pretty massive difference.I'm surprised the driver is an issue regarding tax - I'd have expected that's down to the RK so the driver question wouldn't arise.
Simple, go to court and show the tax is paid, tell the court that you tried to sort this out but DVLA claimed they could or would not stop the process. Say that the DVLA we intransigent and that they have wasted your time and the courts time. Then ask for £200 to cover your costs for having to appear on a spurious summons, for the stress it has given you and any loss of earnings. Courts do not like wasting time on this and you will probably find yourself quids in.
Be polite and have all your documentation with you.
I pretty much guarantee no one from DVLA or their representatives will even bother to turn up.
Make sure you lodge a claim against them, I reckon 80% chance of making a few quid because you will have the sympathy of the court.
Be polite and have all your documentation with you.
I pretty much guarantee no one from DVLA or their representatives will even bother to turn up.
Make sure you lodge a claim against them, I reckon 80% chance of making a few quid because you will have the sympathy of the court.
Edited by LarsG on Thursday 8th November 19:22
Sheepshanks said:
Are you being done for no tax, or for failing to identify the driver? There's a pretty massive difference.
I'm surprised the driver is an issue regarding tax - I'd have expected that's down to the RK so the driver question wouldn't arise.
Agreed. Something not quite right here, you will not get a section 172 request for having no tax, the driver at the time is irrelevant, it is the registered keeper who is responsible.I'm surprised the driver is an issue regarding tax - I'd have expected that's down to the RK so the driver question wouldn't arise.
Have we had the whole story OP?
Edited by martinbiz on Thursday 8th November 20:36
Thanks for the info. I will call the number and ask for prosecutions team. I tried a number earlier today listed for “enforcement” but only options were pay or we can’t talk to you.
Full story, nothing missing. The letter I had today states I was sent a letter previously and I failed to respond. I honestly have never received any letters. Why would I leave it to this point when I know tax has been paid if at that point all I had to do was phone them?
Bought car, taxed car, submitted plate change form, got new V5, carried on paying by direct debit, asked if reference being old plate would be an issue? Told NO. Roll on 11 months and I get a letter saying I ignored a letter back in June saying my car was caught by ANPR with no tax declared SORN, my options now are plead guilty, plead not guilty in person at court or plead not guilty by post.
I can produce bank statements and DVLA payments department today said they can see my payment 01-06-18. To me it looks like a link from my private plate to my old plate hasn’t been made in some department of the DVLA, it’s obviously their error, how else do I get a V5 with the new plate?
Full story, nothing missing. The letter I had today states I was sent a letter previously and I failed to respond. I honestly have never received any letters. Why would I leave it to this point when I know tax has been paid if at that point all I had to do was phone them?
Bought car, taxed car, submitted plate change form, got new V5, carried on paying by direct debit, asked if reference being old plate would be an issue? Told NO. Roll on 11 months and I get a letter saying I ignored a letter back in June saying my car was caught by ANPR with no tax declared SORN, my options now are plead guilty, plead not guilty in person at court or plead not guilty by post.
I can produce bank statements and DVLA payments department today said they can see my payment 01-06-18. To me it looks like a link from my private plate to my old plate hasn’t been made in some department of the DVLA, it’s obviously their error, how else do I get a V5 with the new plate?
This is all a bit weird - are they trying to pursue an offence of (something like) driving a car while untaxed, having been caught by ANPR?
If the DVLA thought the car was untaxed you (as RK) would have been getting system generated reminders and penalties unless they had the car as SORN'd.
If the DVLA thought the car was untaxed you (as RK) would have been getting system generated reminders and penalties unless they had the car as SORN'd.
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