Fine for not renewing road tax

tripled
tripled Posts: 2,879 Forumite
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Hi guys,

A few months ago I forgot to renew my road tax, as the month before it was due I moved home so didn't receive a renewal notice. I had said up redirection, but due to delays with Royal Mail it wasn't set up until nearly 3 weeks after I moved.

Next thing I know, in October a letter plops through saying I owe an £80 penalty (which I have to admit I only paid a couple of days ago).

So I was wondering, would it be an 'unreasonable penalty', so I could claim it back like a bank charge? Very unlikely I know, but I wondered if anyone has tried such a thing before? Imagine loads of MSE'ers claiming back income and road tax fines off Gordon... *dreams*
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Comments

  • Tbh, you don't need the renewal notice to remind you when to renew your tax disc, it has its expiry date on and it is right there on your windscreen in front of you.

    You can now also renew online without the forms as well so I don't think your claim would hold water. Accept that you should have renewed it in time, and move on.
    Not buying unnecessary toiletries 2024 13/53 UU, 11 IN
  • Wig
    Wig Posts: 14,139 Forumite
    Sorry, no dice.

    The reminder is a courtesy (IANAL). The renewal requirement is your responsibility. Again (IANAL)
  • Wig
    Wig Posts: 14,139 Forumite
    But as Albert hinted upon above. To get a fine your car would have to be untaxed for more than 1 month. If your tax expores on August 31st, you have the whole of September to get it done (and no, before anyone says, I am not saying this means you can keep or use an untaxed car on the highway during the untaxed period ) if you do it on October1st you will get a fine.

    And another disclaimer, I am fully aware the DVLA says you have 14 days, but in practice they only act on cars which have a gap in the tax cover, if you tax your car during the first month you get a tax disc from the 1st of the month.

    So if you did tax it with a consequtive tax disc then there is hope.
  • Bossyboots
    Bossyboots Posts: 6,746 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    tripled wrote:
    Hi guys,

    A few months ago I forgot to renew my road tax, as the month before it was due I moved home so didn't receive a renewal notice. I had said up redirection, but due to delays with Royal Mail it wasn't set up until nearly 3 weeks after I moved.

    Next thing I know, in October a letter plops through saying I owe an £80 penalty (which I have to admit I only paid a couple of days ago).

    So I was wondering, would it be an 'unreasonable penalty', so I could claim it back like a bank charge? Very unlikely I know, but I wondered if anyone has tried such a thing before? Imagine loads of MSE'ers claiming back income and road tax fines off Gordon... *dreams*


    It is not a charge for breach of contract so not an unreasonable penalty like bank charges.
  • tripled
    tripled Posts: 2,879 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    My car tax actually ran out on 31st July, I'm fully aware it was my fault that I forgot to renew it, however the fact that I didn't receive the reminder didn't help. I immediately bought tax when I got the penalty letter but I only just got raound to paying the fine (got the Halifax to pay for half of it because they didn't send me a cheque book for months, claimed if they had I would have been able to pay it sooner).

    My question was simply regarding if it could be classed as a penalty charge, I wasn't seriously thinking about sending a threat of court action to Gordon Brown, more wondering if anyone had tried it before and if it might be something worth attempting, just for the hell of it.
  • saintjanet
    saintjanet Posts: 723 Forumite
    My s-in-law was fined for not renewing her tax on a car that had been scrapped,they said they had not been notified!!!She sent them notification,they must have lost it.

    She never had any joy with them and did not receive a refund,they seem to be a law unto themselves.
    :) There are two sides to every story.
    I am not a SAINT just a saints supporter(saints RLFC)Grand final winners 2006.World club champions 2007.
  • Wig
    Wig Posts: 14,139 Forumite
    Bossyboots wrote:
    It is not a charge for breach of contract so not an unreasonable penalty like bank charges.


    Your only hope lies in the "Bill of Rights - 1689" which says that no fine or penalty may be given without order by a court (or something like that). I think there is someone taking the gov (or a council - parking tickets I think) to court on the issue, but law experts say he has no chance. As modern laws supersede the act even though they don't specifically say so.
  • reduceditem
    reduceditem Posts: 3,057 Forumite
    I got back £190 from the DVLA last month that I had to pay out as a result of my vehicle being clamped and impounded for not displaying a valid tax disc. I had just returned from four months abroad with my car and they clamped it the morning after I returned (i had no time to tax it). Before I had left for British shores I had realized my tax would expire whilst away and I phoned the DVLA for advice. I was told I couldn't re-tax now because you can only re-tax a maximum of 8 weeks before your old disc expires. The guy I spoke to said to just tax it as soon as I return. As it turns out this advice was wrong, there are a couple of ways round the problem but he failed to suggest them. When the car was clamped I refused to pay for a number of days because I thought once I explained what had happened they would release the car from the pound. NOBODY at the DVLA would even give me the time of day and a couple of advisors stated that they didn't believe an advisor would have told me what he did. In the end I paid the fine, which had continued mounting, to stop my vehicle being crushed. I then wrote in a letter of appeal...they wrote back saying they had no record of my original phone call. I got Orange to send me a copy of the appropriate phone bill and I sent in copies of my ferry tickets and an insurance document. A couple of weeks later I received a cheque for £190 from DVLA. It wasn't easy but it can be done if you are in the right and you can prove it. I know my situation is not the same as the one you were in....I just wanted to demonstrate that it is possible to get money back from the DVLA. I'll leave your decision about whether or not to appeal up to you.
    Good luck.
  • Crabman
    Crabman Posts: 9,943 Forumite
    First Post First Anniversary Combo Breaker Intrepid Forum Explorer
    Wig wrote:
    Your only hope lies in the "Bill of Rights - 1689" which says that no fine or penalty may be given without order by a court (or something like that). I think there is someone taking the gov (or a council - parking tickets I think) to court on the issue, but law experts say he has no chance. As modern laws supersede the act even though they don't specifically say so.
    Wig is correct - a guy from Worcester tried unsuccessfully to get out of his parking ticket using that "Bill of Rights". Shame :(

    I always thought they issued the £80 fine even if you were a day late?! :o
  • Wig
    Wig Posts: 14,139 Forumite
    Crabman wrote:
    Wig is correct - a guy from Worcester tried unsuccessfully to get out of his parking ticket using that "Bill of Rights". Shame :(

    I always thought they issued the £80 fine even if you were a day late?! :o

    Do you have any links on the bill of rights case? Do you know if he stupid enough to appeal?

    "A day late" well you see when you renew during the month that you expired it is back dated to the 1st of the month, meaning you pay for the full month, so the DVLA is happy because they have their money, and your car did not become untaxed.

    It's always better to do it in advance of expiry ofcourse. and if you do forget the sooner you do it the better really, because you want the computers to know that you are taxed.
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