Missed car tax payment, fined by DVLA

Tilt

Are we sure that the police seized it for no tax? It seems odd to me as the police would only issue a FPN for failing to display a valid tax disc and upon discovering there was no tax in place, they would report this to the DVLA. They would only seize under sec 165 of the RTA which has nothing to do with road tax/VED

Inch_High_2

Tilt wrote: »

Are we sure that the police seized it for no tax? It seems odd to me as the police would only issue a FPN for failing to display a valid tax disc and upon discovering there was no tax in place, they would report this to the DVLA. They would only seize under sec 165 of the RTA which has nothing to do with road tax/VED

I don't think we'll ever know. The op said the recovery charge was £100 which is wrong. For a car the fees start at £150, he seems to forget more than taxing the car.

System

Inch_High wrote: »

The op said the recovery charge was £100 which is wrong. For a car the fees start at £150

For a S165 it is, but only £100 for seizure under the VED legislation http://www.legislation.gov.uk/uksi/1997/2439/schedule/1/made

hardtofin

Tilt wrote: »

Are we sure that the police seized it for no tax? It seems odd to me as the police would only issue a FPN for failing to display a valid tax disc and upon discovering there was no tax in place, they would report this to the DVLA. They would only seize under sec 165 of the RTA which has nothing to do with road tax/VED

I can promise you it was only seized for tax. It was more than 2 months out of date though so they said they could seize it. My partner had to pay £100 to release from the car pound which is near to j10 of the M40. Edgerton or something. All the details I have provided are correct.

I am watching this with interest and hoping that I don't have to pay another fine of the £135.

Many thanks for your help so far.

hardtofin

Joe_Horner

!!!!!! wrote: »

Explanatory Notes in the legislation

Thanks for that. My confusion came from the fact that it's not automatically a police power - rather, a power of a person "authorised by the Secretary of State" (in practice, DVLA on his behalf). That's usually private contractors who, afaik, don't have live access to the DVLA database, so clamp / notify before towing.

Interesting, from Arcon5's link, that they are authorising the police (who do have live access) in at least some areas.

System

After watching the various cop programmes (Motorway Cops etc) they appear to have the tax details as part of their ANPR systems.

hardtofin

Joe_Horner wrote: »

Thanks for that. My confusion came from the fact that it's not automatically a police power - rather, a power of a person "authorised by the Secretary of State" (in practice, DVLA on his behalf). That's usually private contractors who, afaik, don't have live access to the DVLA database, so clamp / notify before towing.

Interesting, from Arcon5's link, that they are authorising the police (who do have live access) in at least some areas.

I think that is what has happened. But on the main point, do you guys think I definitely have to pay this fine on top, even though I already paid a £100 release fee AND paid a fine for it being spotted on the road a month before?

I mean, if your car got spotted every day for a month, would they charge you for all 30 days offences? Seems crazy.

d123

hardtofin wrote: »

I think that is what has happened. But on the main point, do you guys think I definitely have to pay this fine on top, even though I already paid a £100 release fee AND paid a fine for it being spotted on the road a month before?

I mean, if your car got spotted every day for a month, would they charge you for all 30 days offences? Seems crazy.

You don't have to pay the fine.

You can opt to plead not guilty and appear in court and plead your case. Of course, when you are found guilty in court it will cost a lot more than £135.

Joe_Horner

!!!!!! wrote: »

After watching the various cop programmes (Motorway Cops etc) they appear to have the tax details as part of their ANPR systems.

Yes, and they can also request details from the database if needed. That puts them in a much "safer" position to tow on the spot because the power only applied to un-licenced vehicles (VERA S.29(1)), not failure to display (VERA S.33).

hardtofin wrote: »

I mean, if your car got spotted every day for a month, would they charge you for all 30 days offences? Seems crazy.

Not as far as I know. If it's a continuous offence then it should be a single penalty. On the other hand, if you (say) parked on your drive overnight it may well be deemed a separate offence when you took it on the road again the next day.

Really something to take legal advice on (or CAB)

hardtofin

Joe_Horner wrote: »

Yes, and they can also request details from the database if needed. That puts them in a much "safer" position to tow on the spot because the power only applied to un-licenced vehicles (VERA S.29(1)), not failure to display (VERA S.33).



Not as far as I know. If it's a continuous offence then it should be a single penalty. On the other hand, if you (say) parked on your drive overnight it may well be deemed a separate offence when you took it on the road again the next day.

Really something to take legal advice on (or CAB)

Can anyone give me any ideas of costs for going to court against the DVLA and what happens depending on whether i win or lose please?

I have also read they prefer not to go to court as its very time consuming for them. Is there any truth in this?

Many thanks.