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Dvla late licence penalty

Hi all, hoping you can help.
I received a late licence penalty last week and disagree with it, I need some advice on how to proceed.
I purchased a vehicle in the last week of August, within days there were issues, to cut a long story short, this has now resulted in the vehicle being subject to an ongoing criminal investigation by trading standards (mileage altered, fake mot amongst other things).
When I purchased the vehicle I tried to tax it online, the online process would not complete so I was unable to tax the vehicle. I can't tax it at the post office as this would mean me committing a criminal act in that I obtained the tax by using fraudulent documents, I can't sorn the vehicle as I need to use it.
All documentation has been seized by trading standards as they need it a evidence for the ongoing case. Clearly I am stuck with the vehicle until the case goes to court which should result in the vehicle being seized and me getting a refund.....eventually.
Upon receipt of the late licence penalty I wrote to the dvla enforcement team with a detailed account of why I could not tax the vehicle, also including contact details of the case handler at trading standards and the case number so they could verify my claims.
When I received the response from the dvla I was disappointed. They did nothing more than quote a pre drafted paragraph informing me of my responsibilities, then telling me that they have considered my appeal but they feel that there decision is correct and fair and that I am still liable for the penalty and the overdue tax. I have now asked to dispute this decision, I have received the form But it clearly states that i must provide information not already made available.....I have no other information, but feel that the way this is being dealt with is disgraceful. All I wanted was the option to maybe pay for my tax over the phone, but they have not even offered this?? Unless I pay the fine, they have told me that further enforcement action will be taken??
My situation with the vehicle has not changed, I can't tax it and I need to use it so can't sorn it, the dval simply quoting that if I don't tax it I must sorn it does not provide any solution whatsoever.
Can anyone advise please??

Comments

  • bazster
    bazster Posts: 7,436 Forumite
    1,000 Posts Combo Breaker
    edited 2 December 2014 at 12:15PM
    seany1975 wrote: »
    I can't sorn the vehicle as I need to use it.

    Are you seriously telling us you are using a vehicle with no tax and no MOT (and hence no insurance)????

    In my opinion the DVLA is correct. You can't tax a vehicle (whether online, over the 'phone, in a post office or by carrier pigeon) if it doesn't have a current MOT. As soon as you discovered you couldn't tax the vehicle your options were (i) get a genuine MOT and then get it taxed (if it's roadworthy, which seems doubtful) or (ii) get it off the road and declare SORN. It seems you did neither.

    I'm not sure what you expected the DVLA to say. The law is the law, you need a current MOT to tax your vehicle, DVLA can't waive that any more than it can waive the law that says your vehicle must be either taxed or on SORN.
    Je suis Charlie.
  • Let me clear a few things up.
    The vehicle does have an mot and is roadworthy, the vehicle was supplied with a modified mot to hide previous mileage readings, and a few other items that I have rectified. The genuine mot has since been located and has also been sent to trading standards as evidence.
    The vehicle is insured and has been since it was purchased.

    The only issue with the vehicle is that it does not have tax, and as I have stated it can not be taxed, and this is through no fault of my own, this is why I am in dispute with the dvla. I am prepared to pay for the tax, it's the penalty notice that I have an issue with.
  • nigelbb
    nigelbb Posts: 3,816 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Why couldn't you tax online? You say that the online process didn't complete but why didn't it? Did you try again? Alternatively you could have called 0300 123 4321 & taxed the vehicle that way.

    Anyway the last time time that I taxed a car at the Post Office they didn't require the MOT certificate as access is all online now.

    You really have stuck your head in the sand about this. You simply didn't try hard enough to purchase the tax. What were you expecting to happen? That you would get a 3-4 months period free of tax while the dodgy MOT certificate was sorted?
  • Rover_Driver
    Rover_Driver Posts: 1,517 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 2 December 2014 at 2:33PM
    seany1975 wrote: »
    When I purchased the vehicle I tried to tax it online, the online process would not complete so I was unable to tax the vehicle.


    Unless you were the registered keeper at the time, you cannot tax it on-line. As with all at change of owner time, you needed to use the green 'New Keeper Supplement' part of the V5C and do it at the Post Office.


    As you didn't, it appears that you are liable for the penalty that the DVLA are claiming.
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