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Car Tax run out - clamped and fined.

24

Comments

  • rich13348
    rich13348 Posts: 840 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    Chances are the DVLA never got the old V5C sent by dealer. Whether this was due to it being lost in the post, dealer forgot/lost it or DVLA lost it in house. So it would not have been processed.

    The two cars I have bought from dealers have been taxed by the dealer (the same dealer) the day of collection.

    As above ignorance is no excuse so I would advise to pay the fine and back tax and probably a clamp removal fee as well and chock it up to experience.
  • facade
    facade Posts: 7,738 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the dealer was supposed to supply it with 12 months tax, and they didn't, surely you can at least get the 12 months tax money back from the dealer?

    Sounds like the dealer didn't process the V5 and tax, but they will claim that they did and the DVLA lost it (equally likely) as the car is showing as "in trade" (you can't park an "in trade" vehicle on the road).

    Either way, the dealer owes her the tax fee. You never know, they might help with a "good will" payment towards the fine, but they don't have to, as it may be their fault, but it is your daughter's responsibility.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • BeenThroughItAll
    BeenThroughItAll Posts: 5,018 Forumite
    facade wrote: »
    If the dealer was supposed to supply it with 12 months tax, and they didn't, surely you can at least get the 12 months tax money back from the dealer?

    Sounds like the dealer didn't process the V5 and tax, but they will claim that they did and the DVLA lost it (equally likely) as the car is showing as "in trade" (you can't park an "in trade" vehicle on the road).

    Either way, the dealer owes her the tax fee. You never know, they might help with a "good will" payment towards the fine, but they don't have to, as it may be their fault, but it is your daughter's responsibility.


    Picking this sentence:
    Both myself and my daughter were under the impression the car had been taxed for 12 months at purchase (not sure why but we were).

    From the wall of text, suggests that the OP merely thought that the car would be taxed, as opposed to explicitly paying for it - if they'd done so, I would surmise that they'd be able to say for certain that thee car would be taxed rather than be 'under the impression'.


    From the story given, I infer no responsibility on the dealer's part; merely the regular story we see on here of 'didn't fully read and understand my responsibilities when buying a car, and I can't use a calendar or organise personal administration'.
  • tonyh66
    tonyh66 Posts: 1,736 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    when you buy a car from arnold clark and they tax it for you the tax is listed on the receipt along with all the other rubbish they sell you. Check the sales receipt to see if tax is on there.
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
    1,000 Posts
    I think the DVLA will more than likely fall back on the "if you don't hear from us within 6 weeks then contact us again" approach.

    I moved house & sent the V5 off but didn't receive a new V5. As I didn't need the car at the time, it was parked on my drive but not SORNED as I hadn't got a V5 to do so.

    Eventually, the DVLA caught up with me and said that it was my responsibility to let them know that I hadn't got the V5 back, not there's so I got a fine for not taxing the vehicle.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    This is what's wrong with the modern world... one of those "you should've known" things, where it's hard to know ...

    How do you know what you don't know?

    I've read this thread, been driving 37 years - and am actually still entirely confused about the new tax situation. I'd probably c0ck it up... I'd better keep my existing car for another 5 years until I've worked it out.

    The system is wrong. "ignorance is no defence" is misplaced correctness.... because the world is fast turning into this world where things have changed and you have to do things you didn't know about to achieve simple things that used to be straight forward.

    The system is wrong. Don't beat up those who fall foul of it. It could happen to you next week, next month ....

    It's everywhere now ... the whole on/off road, SORN... private/public parking spaces signage and fines for overstaying by 10 seconds ... cameras spotting you doing XYZ when it wasn't you .... and now tax discs.

    It's a secret ploy to get us all off the road!
  • BeenThroughItAll
    BeenThroughItAll Posts: 5,018 Forumite
    This is what's wrong with the modern world... one of those "you should've known" things, where it's hard to know ...

    How do you know what you don't know?

    I've read this thread, been driving 37 years - and am actually still entirely confused about the new tax situation. I'd probably c0ck it up... I'd better keep my existing car for another 5 years until I've worked it out.

    The system is wrong. "ignorance is no defence" is misplaced correctness.... because the world is fast turning into this world where things have changed and you have to do things you didn't know about to achieve simple things that used to be straight forward.

    The system is wrong. Don't beat up those who fall foul of it. It could happen to you next week, next month ....

    It's everywhere now ... the whole on/off road, SORN... private/public parking spaces signage and fines for overstaying by 10 seconds ... cameras spotting you doing XYZ when it wasn't you .... and now tax discs.

    It's a secret ploy to get us all off the road!


    It's all very clearly explained on the documents.


    V5 clearly says it's your responsibility to keep address up to date.


    V5 clearly states it's not proof of ownership.

    V5C/2 clearly states if you've not received a new V5 within 6 weeks to apply for a new one.


    The DVLA website clearly states it's the buyer's responsibility to tax the vehicle on purchase.


    The SORN rules are clearly explained in the leaflet you get when the VED reminder is issued and on the DVLA website.


    Continuous Insurance Enforcement is simple enough but again clearly explained on the DVLA website - if it's taxed, insure it. If it's not insured, SORN it. If it's SORN, keep it off the road.


    Your tax expires 6 or 12 months after you buy it - you have a birthday every year, and you remember that, VED is no different. If you struggle remembering things, buy a 'calendar'.


    Your MOT expires on the date clearly printed on it - you have a birthday every year, and you remember that, MOTs are no different. If you struggle remembering things, buy a 'calendar'


    I really don't see why people find this stuff so hard.
  • Cloth_of_Gold
    Cloth_of_Gold Posts: 1,142 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    wssmith wrote: »
    Hi DoaM thank you for your reply. As I said I took note of what you said, thats why I made the light hearted comment about it. I have only posted on this forum once I believe and that was in 2009, therefore I am unaware of the etiquette, thank you so much for your comments though.
    If only everyone in this world was as polite as you are.

    On topic, it is very difficult to get everything right in the motoring world but hopefully now you and your daughter understand the rules it won't happen again. It's annoying to receive this sort of fine but you just have to put it down to experience.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I've read this thread, been driving 37 years - and am actually still entirely confused about the new tax situation. I'd probably c0ck it up... I'd better keep my existing car for another 5 years until I've worked it out.
    There really isn't THAT big a chance.

    The sum total of changes (which happened over three years ago now):
    - There's no round colourful piece of paper in the windscreen.
    - When you buy a car, it's not taxed. You need to tax it.

    That's it. That's all. It's not hard.

    SORN came in nearly 20 years ago. The only change since then? It doesn't expire after a year. That change was nearly four years ago.
  • adonis
    adonis Posts: 1,072 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    waamo wrote: »
    You have to tax a car yourself when you purchase it. The dealer does not do it for you.

    With this in mind there would have been no reminder. It should have been taxed. From the information you've given she appears to have no defence.

    It also says on the paperwork the dealer gives you that if you don't get a V5 in 4 weeks to contact the DVLA and get one with the correct details sent out. She needs to do this if she hasn't already.

    The dealer I used gave me a choice of taxing it myself or they will do it for you, I got them to do it for me and got a receipt for it.

    The problems I had was taxing it two days before the end of the month so I paid a months tax for two days and as the database can take up to five days to update I was apprehensive about parking on the road in case I was clamped as it took three days to show as taxed on the gov.uk website.

    The other issue was the tax refund on the trade in car, DVLA refund from the date they receive it so delays in the post or them opening it:naughty: ment I lost the next month when they sent the refund.
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