Fine for having no tax - not my fault?

pixie164

I purchased a car from Evans Halsahw in June 2017. I believed I had purchased it with 12 months road tax. It has since transpired that the vehicle only had 6 months of road tax but because EH failed to register me as the new keeper, I did not receive any letters or notifications that the tax was running out. This resulted in my vehicle being clamped outside my house causing me not only a huge amount of embarrassment with my neighbours but also a cost to get the clamp removed and a considerable amount of stress because the clamp could not be removed until I taxed the vehicle but I couldn’t tax it as I was not the registered keeper. This took all day to resolve meaning I had to take the day off work.

I had hoped this was the end of the matter however I have now received a letter from DVLA requesting I pay a fine of £180 in addition to the money I already had to pay to get the clamp removed – all of which I believe is no fault of my own.

What can I do? (also the standard fine seems to be £80 so not sure why I'm being asked to pay more?)

James2k

You didn't realise you didn't have the v5c? That's slightly negligent i'm afraid.

bengalknights

Did they not give you the new keepers slip?

pixie164

The garage weren't able to locate the V5 on the day I collected the vehicle. They said they would process it all and I'd receive the new one which I obviously never did and had forgotten all about it in the meantime.

waamo

Ask the garage if they will make a contribution towards the fine as they are partially (but not entirely) to blame.

Worst that can happen is they say no.

GDB2222

Clearly, your claim is against the dealership. Hopefully, you have sufficient paperwork to show they promised 12 months road tax.

Herzlos

Dealers almost always only provide cars with 6 months tax unless you negotiate differently.

ciderboy2009

If the dealership had registered you as the keeper then the vehicle would have had no road tax as it gets cancelled on change of owner.

Is that possibly what caused the problem? ie: they paid for the tax before transferring it to you.

Mind you, you still should have been chasing for the V5C.

AdrianC

pixie164 wrote: »

I purchased a car from Evans Halsahw in June 2017. I believed I had purchased it with 12 months road tax. It has since transpired that the vehicle only had 6 months of road tax

Which would have expired at the start of December 2017, instead of the start of June 2018.
Do you have any paperwork from them showing 12 months tax was to be included?

but because EH failed to register me as the new keeper, I did not receive any letters or notifications that the tax was running out.

Nor did you receive a V5C in your name within a month or so of the transaction - so last July - yet you never chased that with DVLA?

This resulted in my vehicle being clamped

When?

What can I do? (also the standard fine seems to be £80 so not sure why I'm being asked to pay more?)

That may well be the minimum. On top of that, there are the clamping costs (which you paid at the time), since the vehicle was found on the public road untaxed. The period of time that the vehicle has been without tax or SORN will also be taken into account, and you are also likely to need to pay the back tax. The maximum penalty is £1,000, plus the tax (back and current) plus the clamping costs plus any impound costs. This would have been clear in the INF32 leaflet you received at the time of the clamping, and from which you got the phone number to get the clamp removed.
https://driveall.co.uk/files/5113/6897/5727/inf_32.pdf
(Yes, this is an older version of INF32, predating the 2014 discontinuation of the physical tax disc - the current version does not appear to be online, but the basic content is unlikely to have changed)

poppasmurf_bewdley

pixie164 wrote: »

The garage weren't able to locate the V5 on the day I collected the vehicle. They said they would process it all and I'd receive the new one which I obviously never did and had forgotten all about it in the meantime.

There we have it then. You forgot!

Rover_Driver

pixie164 wrote: »

also the standard fine seems to be £80 so not sure why I'm being asked to pay more?

The £80 penalty applies to the offence by the registered keeper of an unlicensed vehicle - s.31A, Vehicles Excise & Registration Act 1994.


A different offence to that of a person using or keeping an unlicensed vehicle - s.29 of the same act.