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Fined for not paying £0 on my road tax

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  • Car_54
    Car_54 Posts: 8,862 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    tho wrote: »
    No idea. But Id guess not till after the next election. They haven't risen so far because they'd be punishing you for following their own advice and buying a nice cheap diesel.

    Hardly. No-one ever promised that the tax rates wouldn't rise in the normal course of budget reviews.
  • tho_2
    tho_2 Posts: 326 Forumite
    Third Anniversary
    So why didn't they do it this year?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    seaneyb wrote: »
    has anyone else had the same problem and had the fine quashed ? hoping someone can help
    thanks in advance Sean


    No chance, if they let one off they'd have to do the same for anyone. It's perfectly clear that you need to renew the VED each year (I also have a £0 car) and failure to comprehend that isn't an acceptable excuse.
  • Car_54
    Car_54 Posts: 8,862 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    tho wrote: »
    So why didn't they do it this year?

    Same reasons they haven't increased it in other years. It's not compulsory - there are other sources of revenue; low inflation; be nice to motorists ...
  • markudman
    markudman Posts: 351 Forumite
    Third Anniversary
    I am having a little fight with DVLA at the moment, I have 3 cars and a van, and all of them are on DD, one of my vehicle (one I only use maybe once a month for dump runs etc). it Run out of MOT, (and I'm a tester):embarasse

    OK, a lot was going on IE: moving house, also I changed which accounts all my DD's were paid from, ETC, I have a problem with the DD's so I cancelled them and reset up the one the to DVLA, (I did this at the end of the month to not pay twice) Car was now MOT'ed, the website asked me for two payments for this car, sometimes it does that, so was not overly worried,

    That was November 2017.

    April this year I got a letter from a debt collecting agency saying I owed 3 months tax and a fine for £80.00 and DVLA could not find me,

    I had at this time, I had 3 V5's in my name at this address, so I call DVLA and asked what is going on, she said I have not paid 3 months tax, when I questioned this and asked her to check my DD payments, she said it’s a bit confusing, and then say she can only find one missed payment, so I asked why was the payment missed, she said DVLA did not request it, I asked why, she said, I would need to talk to enforcement, she then said that she saw a double payment, so no missed tax but only a late payment, which now I know why they took a double payment,

    So I wrote to the enforcement dept and asked them, what was going on.
    They wrote back saying no tax was due, but I still own for a late payment.

    My problem is,

    I am only human and sometimes things get missed, this was not intentional, and I had paid the tax,

    DVLA never wrote to me saying you bad man you paid late, but passed it to a debt collector.
    This in my eyes is wrong, so I wrote to the debt collectors telling them the debt was in dispute, and they need to pass it back to DVLA.
    Lets see what happens.

    Copy of letter sent

    Dear Sirs,
    Ref:
    I refer to your letter of
    , and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:
    Thirdly, You need to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully
    We may not win by protesting, but if we don’t protest we will lose.
    If we stand up to them, there is always a chance we will win.
  • Joe_Horner
    Joe_Horner Posts: 4,895 Forumite
    Ninth Anniversary Combo Breaker
    fred246 wrote: »
    I hope I don't get fined for not having payed any tax on my bicycles.

    Fined? For being a bicyclist? You should be shot, Man! :D
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    markudman wrote: »
    I am having a little fight with DVLA at the moment, I have 3 cars and a van, and all of them are on DD, one of my vehicle (one I only use maybe once a month for dump runs etc). it Run out of MOT, (and I'm a tester):embarasse

    OK, a lot was going on IE: moving house, also I changed which accounts all my DD's were paid from, ETC, I have a problem with the DD's so I cancelled them and reset up the one the to DVLA, (I did this at the end of the month to not pay twice) Car was now MOT'ed
    DD is monthly credit to yearly payment for tax. As with buying the yearly tax any other way, it needs to be MOTd when the tax is renewed.


    So, basically, your personal admin dropped a hairy one. When the tax came to be renewed, the car was out of MOT. No renewal. Then add in possible cancelled DDs... and you're bang to rights. The car was neither taxed or SORNed.
  • sheramber
    sheramber Posts: 22,600 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    markudman wrote: »
    I am having a little fight with DVLA at the moment, I have 3 cars and a van, and all of them are on DD, one of my vehicle (one I only use maybe once a month for dump runs etc). it Run out of MOT, (and I'm a tester):embarasse

    OK, a lot was going on IE: moving house, also I changed which accounts all my DD's were paid from, ETC, I have a problem with the DD's so I cancelled them and reset up the one the to DVLA, (I did this at the end of the month to not pay twice) Car was now MOT'ed, the website asked me for two payments for this car, sometimes it does that, so was not overly worried,

    That was November 2017.

    April this year I got a letter from a debt collecting agency saying I owed 3 months tax and a fine for £80.00 and DVLA could not find me,

    I had at this time, I had 3 V5's in my name at this address, so I call DVLA and asked what is going on, she said I have not paid 3 months tax, when I questioned this and asked her to check my DD payments, she said it’s a bit confusing, and then say she can only find one missed payment, so I asked why was the payment missed, she said DVLA did not request it, I asked why, she said, I would need to talk to enforcement, she then said that she saw a double payment, so no missed tax but only a late payment, which now I know why they took a double payment,

    So I wrote to the enforcement dept and asked them, what was going on.
    They wrote back saying no tax was due, but I still own for a late payment.

    My problem is,

    I am only human and sometimes things get missed, this was not intentional, and I had paid the tax,

    DVLA never wrote to me saying you bad man you paid late, but passed it to a debt collector.
    This in my eyes is wrong, so I wrote to the debt collectors telling them the debt was in dispute, and they need to pass it back to DVLA.
    Lets see what happens.

    Copy of letter sent

    Dear Sirs,
    Ref:
    I refer to your letter of
    , and earlier correspondence.

    Firstly, I have no intention of paying the money demanded by your client, and any court proceedings will be vigorously defended.

    Second, should it be your client's intention to start court proceedings, they must provide a Letter Before Claim which complies with the requirements of the Practice Direction on Pre-action Conduct:
    Thirdly, You need to comply with the PAP on debt claims, not least with respect to the deadline needing to be 30 days

    https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

    Please also note that a failure and/or refusal to comply with the Practice Direction will result in a complaint being made to the court and an application for a stay of the action and costs pursuant to the provisions of paragraph 4 of the Practice Direction on non-compliance and sanctions.

    In the meantime, you should note that this charge is disputed, and you must now refer this matter back to your client and cease and desist all further contact with me. Failure to do so will result in a complaint to the Credit Services Association.

    I trust that I have made myself clear.

    Yours faithfully

    Could the DVLA have tried to take the DD from the old account and it was rejected? hence taking two payments later.

    tHE DVLA send out a letter when the tax has not been paid.

    A Late Licensing Penalty (LLP) letter is issued automatically
    .
    LLP set at £80 reduced to £40 if
    paid within 28 days.
    If the penalty is not paid, the case
    will be referred to a debt
    collection Agency.

    Could that letter have been sent to your old address and that is why you did not receive it?

    You have admitted the tax was paid late. the fact that it was not intentional is irrelevant.

    https://www.gov.uk/appeal-dvla-fine
    You can’t appeal if you:

    changed your address but didn’t tell DVLA
    lost your paperwork or you never received a reminder from DVLA
    forgot or were away when you had to tax, insure or register your vehicle as off the road (SORN)
    missed a Direct Debit payment because of a problem with your bank

    You must pay the fine as soon as possible if you don’t have a valid reason.
  • Begsey
    Begsey Posts: 129 Forumite
    AdrianC wrote: »
    DD is monthly credit to yearly payment for tax. As with buying the yearly tax any other way, it needs to be MOTd when the tax is renewed.


    So, basically, your personal admin dropped a hairy one. When the tax came to be renewed, the car was out of MOT. No renewal. Then add in possible cancelled DDs... and you're bang to rights. The car was neither taxed or SORNed.

    Got a letter today saying my motorbike needs motd before 30th April or they won't be able to collect my DD. Checked status, the mot ran out on the 8th April.
    So they give notice as well, in writing.
  • Nasqueron
    Nasqueron Posts: 10,757 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    tho wrote: »
    So why didn't they do it this year?

    Same reason they keep banging on about the environment then keep freezing fuel duty - too many voters would be annoyed.

    The easiest and most logical thing (hence why it won't be done) is to make all VED £0 (maybe some exceptions if you choose to buy a particularly bad and inefficient one) and whack the duty all on fuel thus you could do incentives for say LPG or whatever and the more you drive, the more you pay rather than an arbitrary figure which fails when you have say a salesman with a low VED car that drives 30k a year vs a high VED car driven under 1000 miles a year

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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