DVLA Dispute

christopherwg

I'm hoping someone can help with some advice.

I purchased my car last March from Arnold Clark and it came with a tax disc which ran until August 2013. When I didn't get my renewal I contacted the DVLA who claimed that my car had been untaxed from May until August 2013 even though I had a tax disc. I purchased a new one to run from August 13 - 14. I have sent the DVLA photographic evidence of having the tax disc.

I am now being pestered by a debt collection agency SIGMA RED saying I have to pay an £80 fine and I also sent them photographic evidence of having my tax disc for the three month disputed period. They keep pestering me with letters and phone calls and are now claiming that the DVLA say that my tax disc was refunded for that 3 Month period. I have received no refund and neither has Arnold Clark.

I have sent a letter to the DVLA asking for details of this refund because nobody will discuss the issue over the telephone. I haven't heard back from them, only from rude people from SIGMA RED.

Has anyone ever encountered a situation like this or have any advice?

forgotmyname

Do you still have the tax disc? I would be pestering Arnold Clark to sort it out.

Keep the disc and if they contact you say it was taxed. If you think otherwise take me to court. Have your day in court and just show the disc.

spacey2012

Tell the debt collector the debt is denied and the offer to pay a civil contractual penalty charge is rejected .
Tell DVLA you shall see them in a court as soon as is possible.

agrinnall

As you have the tax disc in your possession the refund cannot have been applied for using the normal V14 form, which requires the disc to be returned. Therefore it must have been done using a V33 (for lost, stolen or destroyed disc) which according to https://www.gov.uk/apply-for-tax-disc-refund-form-v14 can only be obtained by contacting DVLA customer services, who would presumably have a record of where the form was sent. Perhaps you could try a Freedom Of Information request to either force them to disclose the information that they have, or more likely make them back down and confirm that they had no basis to charge you for not having a tax disc.

https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/personal-information-charter

Buzby

Arnold ClRk have a policy when selling cars - even s/h ones, of supplying the first years VED to the he's customer. I would question why if you had less than 11 months of use.

specialboy

Is the disc you hold for disabled class? if not see below.


The previous owner could have applied for a refund for the tax by reporting the disc lost, have your day in court.

anotherbaldrick

When I have traded cars in the Dealership have always said take your tax off and reclaim it as dealers are not able to do a reclaim !

droopsnoot

anotherbaldrick wrote: »

When I have traded cars in the Dealership have always said take your tax off and reclaim it as dealers are not able to do a reclaim !

That's because the refund has to go to the registered keeper, so the only way the dealer could get it would be to register the car to themselves, thus adding an owner and potentially other issues.

If the OP completed the proper change of ownership form at the time of purchase (which probably happened given it was bought from a 'big' dealer, not a bomb-site) I'm surprised the DVLA didn't twig at the time that the car is neither taxed (if they are to be believed) or on SORN (off-road status, which is reset on change of owner) and send some kind of notification at the time.

Rover_Driver

droopsnoot wrote: »

That's because the refund has to go to the registered keeper, so the only way the dealer could get it would be to register the car to themselves, thus adding an owner and potentially other issues.

I expect the previous registered claimed the refund using a form V33 saying that they had lost the disc (or similar), and sold the car with the disc still on the windscreen. Which would be why the DVLA and their debt collectors are chasing the OP for the Late Licensing Penalty.

[Deleted User]

I don't have experience of this particular issue, but I do have experience of the DVLA refusing to answer questions. Good Luck.