Help! Disputing late licensing penalty

alastairIOW

Swift back story. Earlier this year my wife and I were living in separate addresses but still shared our car.

The road tax was due by end of January. I taxed it at no cost as due to the low emissions/engine size the tax is free.
When it came to renewing our insurance in mid-Feb, I transferred the car into my wife's name as my no-claims bonus was maxed out anyway, and she didn't have any.

We were completely unaware and have since been informed by the DVLA that the transfer invalidated the tax and have been slapped with an £80 fine. I challenged it in writing, explaining in good faith that we were unaware and if we'd seen it in some small print then of course we would have re-taxed the vehicle. After all, it's free to tax - why would we dodge a 2 min phone call when we knew ppl get fined (I actually thought the fines were much higher, but that's besides the point).

We then received another letter from the DVLA saying 'tough, it's your responsibility to know'. Again I called and asked for a V991 dispute form to be sent out since they won't discuss the matter over the phone.

The dispute form clearly states "once your v991 has been considered you will not be able to send further information about your case, so you must tell us clearly why you think our decision is wrong. You need to include supporting evidence if available. It is not enough to say 'I disagree with this decision' or 'I do not think I am liable'.

Help!

glentoran99

alastairIOW wrote: »

Swift back story. Earlier this year my wife and I were living in separate addresses but still shared our car.

The road tax was due by end of January. I taxed it at no cost as due to the low emissions/engine size the tax is free.
When it came to renewing our insurance in mid-Feb, I transferred the car into my wife's name as my no-claims bonus was maxed out anyway, and she didn't have any.

We were completely unaware and have since been informed by the DVLA that the transfer invalidated the tax and have been slapped with an £80 fine. I challenged it in writing, explaining in good faith that we were unaware and if we'd seen it in some small print then of course we would have re-taxed the vehicle. After all, it's free to tax - why would we dodge a 2 min phone call when we knew ppl get fined (I actually thought the fines were much higher, but that's besides the point).

We then received another letter from the DVLA saying 'tough, it's your responsibility to know'. Again I called and asked for a V991 dispute form to be sent out since they won't discuss the matter over the phone.

The dispute form clearly states "once your v991 has been considered you will not be able to send further information about your case, so you must tell us clearly why you think our decision is wrong. You need to include supporting evidence if available. It is not enough to say 'I disagree with this decision' or 'I do not think I am liable'.

Help!

You didnt need to transfer the car into your wifes name to insure it in her name

and its been that way for sometime that a change of keeper cancels the tax, I dont think you have much chance of winning, they cant have different rules for free tax and paid for tax

burlington6

Your fault. Be a man and take it on the chin

BeenThroughItAll

Ignorance, unfortunately for you, is (rightly) not a defence.

Bigphil1474

I would have thought that the fine would be for not paying the road tax that was due. If there was no road tax due, then why the fine. I'm sure the DVLA have their rules - I'm all for fining people who try and get away with not paying their road tax - but it surely has to be different if there is no tax to pay. Where's the loss, harm, or foul to them?
Agreed that the OP should have known that tax is cancelled when the vehicle changes keeper, but there would have been no refund or extra to pay, so it's just an administrative thing. I agree with the OP, it's barmy.

bod1467

The fine is for not ensuring that the vehicle is taxed ... subtle difference.

Rover_Driver

Bigphil1474 wrote: »

I would have thought that the fine would be for not paying the road tax that was due.

It is a penalty (not a fine) because the vehicle was not licensed. Vehicle Excise Duty may, or may not, be payable to obtain a licence.

AdrianC

Bigphil1474 wrote: »

I would have thought that the fine would be for not paying the road tax that was due. If there was no road tax due, then why the fine.

Because VED IS needed - it just happens to be zero-cost.
If it's not taxed, then it needs to be SORNed.
If it's taxed, then it needs to be insured at all times. No tax, no insurance checks.

Rover_Driver

AdrianC wrote: »

Because VED IS needed - it just happens to be zero-cost.

It is a Vehicle Licence that is needed, Vehicle Excise Duty may, or may not, be due.

lee678

Funny really, but not, you cant even use the refund cheque you would have got on change of ownership, unfortunatley you wont be the first or the last to stumble here on this slip up .

stator

Write to your MP. Your MP may write to the DVLA. They may care but probably not.
99% you have to pay the fine, sorry