Missed car tax payment, fined by DVLA

hardtofin

Hi there guys!

My very first post on here so please go easy on me .

I am after some advice. We recently moved house and because of this forgot to renew our car tax. This was the first time I have ever committed any offence and was just a simple human error.

My partner was stopped by the police on 31/3 and the car immediately impounded as it had no tax and was over 2 months out of date. She had to make her own way to the car pound and pay a £100 release fee as well as not being able to go to work because of it. She asked the police if this was the only charge and they said yes although to check for any arrears with the DVLA.

She called the DVLA however and checked for any arrears.

When we called them, they told us there were 2 further penalties outstanding against the car. £85 for not renewing the tax and £110 for the car being spotted on the road a month or so earlier. She also paid both of these fines. We checked with the DVLA and they confirmed there were no further fines against us or any pending.

Fast forward to today and we have received yet ANOTHER fine from the DVLA for £135 for the car being spotted on the road on the day she was stopped by the police. This "offence" is at the exact same time, date and location (road) as the one she was stopped by the police for i.e it is the same offence.

Do we now need to pay this as well? She already paid the police £100 to release the car plus 2 further fines which were checked with the DVLA. They are now fining us again for the identical offence the police stopped her for. Or are they two different things?

The car she drives is a 20 year old Rover and is worth no more that £100. At this point we have paid £300 already in fines and are now facing a further £135 which is getting ridiculous IMO for a missed payment of £77 to the Government.

Is anyone able to give me any advice on this please and whether or not they have made a computer error fining us for something the police stopped her for.

Many thanks!!

hardtofin

scotsbob

hardtofin wrote: »

This "offence" is at the exact same time, date and location (road) as the one she was stopped by the police for i.e it is the same offence.

Do we now need to pay this as well? She already paid the police £100 to release

Yes you do. The £100 you paid was not a fine but an admin fee to release the car. The fine is on top of that fee.

GingerBob_3

Welcome to 21st century Britain, where office clerks can impose the rule of law from a desk in Swansea. I often wonder whether DVLA is a larger parasite than TV licensing. Actually, I don't think it is, but it is a big one, without a doubt.

Joe_Horner

Seems an odd one because the police don't have a power to seize vehicles just for no road tax. Their powers to seize are limited to uninsured or unlicenced drivers :undecided

System

Joe_Horner wrote: »

Seems an odd one because the police don't have a power to seize vehicles just for no road tax. Their powers to seize are limited to uninsured or unlicenced drivers :undecided

They have the power under Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 rather than S165

scotsbob

GingerBob wrote: »

Welcome to 21st century Britain, where office clerks can impose the rule of law from a desk in Swansea.

Isn't it the government who impose the law and DVLA who administer it?

Bantex_2

Just pay the tax, not difficult and they do send reminders.

DUTR

scotsbob wrote: »

Isn't it the government who impose the law and DVLA who administer it?

Either way, all those excess charges , impound fees etc, surely exceed the cost of valid VED for the said vehicle? Moving house or not, I would make sure to remember not to forget to keep affairs in order.

Joe_Horner

!!!!!! wrote: »

They have the power under Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 rather than S165

No they don't.

Those regulations give a power to immobilise, or to move to another road (eg: if it's causing an obstruction) and immobilise. But the power to seize only applies after it's been immobilised, with appropriate notices attached, for at least 24 hours.

arcon5

Joe_Horner wrote: »

No they don't.

Those regulations give a power to immobilise, or to move to another road (eg: if it's causing an obstruction) and immobilise. But the power to seize only applies after it's been immobilised, with appropriate notices attached, for at least 24 hours.

Interesting point, so I searched Google and found this:
http://www.locksheathpeople.co.uk/news/Police-use-new-power-seize-untaxed-cars-Locks-Heath-Fareham-area/story-4488020-detail/story.html

So it would seem the DVLA can empower the police with rights to seize? If they haven't empowered the police then i'm assuming only the DVLA themselves can seize an untaxed car?

This was though dates 2010 - a lot could have changed since then.........

System

Joe_Horner wrote: »

No they don't.

Those regulations give a power to immobilise, or to move to another road (eg: if it's causing an obstruction) and immobilise. But the power to seize only applies after it's been immobilised, with appropriate notices attached, for at least 24 hours.

Explanatory Notes in the legislation

Part III (regulations 9 to 14) provides for the removal and disposal of vehicles under the Regulations, for the retention of a removed vehicle until prescribed charges are paid and for the conditions under which a removed vehicle can be recovered. A vehicle may be removed although it has not previously been immobilised.