DVLA prosecution for car tax

AdrianC

jigershah said:

Car failed on tyre thread and inner side of tyre was shown to me as bald on drive side. No cracks were mentioned or shown to me. Thread and degradation on inner side of driver side front tyre. To me there is no way that tyre should have passed MOT in first instance in 2019 but ofcourse I never saw inner side of tyres which is again my fault but this is just the reason why I say MOT is a joke (not directions to testers) but the implementation of MOT guidance. 

So did you appeal that MOT within 14 days of the test...?
https://www.gov.uk/getting-an-mot/problems-with-your-test-result

I mean, it's not rocket science to look at a tyre and see that it's illegally bald, is it?

jigershah

The_Fat_Controller said:

The steering issue was, according to you @jigershah, not a fail on any of the two actual MOT tests.

agreed but two actual MOT tests also had two different results on same set of tyres. whats the view on that one? an independent inspection has it in writing that this car has a dangerous fault. They even tried fixing it via alignment but did not make sizeable difference is what I was told. isnt that enough to prove inconsistencies? Yes it was an issue according to me as opposed to mot tester but I explained that everyone even the 2nd actual tester told me that steering was stiff (but they did not fail it because of way they interpreted the guidance). If you think MOT is a clean and in blank and white business, you could not be more mistaken. 

The_Fat_Controller

Which part of "you became the keeper once you received the New Keeper slip" don't you understand ?
.
The dealer was only responsible for the notification.

As V5s can get destroyed, lost in the post, that is why, on that slip, it tells you, the new keeper, how to obtain a V5 in your name using the slip and the V62 form.

It also says, very clearly, you become responsible for taxing the vehicle.

The car was yours the moment you paid for it !

jigershah

Tokmon said:

What do you mean they "dumped the car on wrong premise". This is a car that you paid for and asked to be delivered to you so you are the legal owner and keeper of the car when that happened. If you look at the DVLA website it says "Tell DVLA you've sold, transferred or bought a vehicle" so you bought the vehicle and you needed to tell them and then you would be the registered keeper. Fair enough if you wanted to wait a few weeks but you should have informed DVLA you were now the keeper, declared SORN and then fought your battle and it's your fault you didn't do this for a year and no one else's.

Many people say they are two "busy" but I'm sure you could have spared 20 minutes to do this when you had time to raise complaints with your bank and FOS through CAB. 

In hindsight this bit I agree because I thought informing seller that I am not owning is where I fulfilled my obligation so that he does not transfer the car. Could have informed DVLA the situation, take guidance, not sure whether I can declare without being keeper (ie without V5C transferred) or not but yes I have been blind after being fooled despite being clear before purchase and highlighting everything. When you face a fraud or you are scammed for an amount which is like a very sizeable amount, may be it lost my balance and I agree to that... 

neilmcl

jigershah said:

GeordieGeorge said:

It’s not clear what you hope to get from this. The date of purchase is not in dispute, nor is the possession of the car. It was parked at your home, and driven on the road very soon after you bought it.

You trying to reject it is not relevant to your obligation to tax it SORN it, nor are any of the other points made.

You need to pay the tax, and decide whether to keep the car or sell it.

posession is in dispute as I see it. I never accepted. I paid for it and ownership is not keepership. Keepership is when v5c is transferred and clearly thats sellers responsibility which he after knowing he was exposed immediately and had consumer writing to him that he should not transfer was left with no option but to keep the v5c as it stood. He never transferred and if to someones point earlier that he may have posted etc. thats again his responsbility and DVLA and not mine. A car parked on my drive way does not make me keeper until keepership is transferred. 

But as the owner it is your responsibility to tax the vehicle or SORN it and for this you need the log book and therefore it is indeed your responsibility to chase this up and get it transferred over as necessary. 

sheramber

There are garages that will do MOT test on your car and there are garages that will issue an MOT  certificate, especially to a mate.

GeordieGeorge

jigershah said:

GeordieGeorge said:

It’s not clear what you hope to get from this. The date of purchase is not in dispute, nor is the possession of the car. It was parked at your home, and driven on the road very soon after you bought it.

You trying to reject it is not relevant to your obligation to tax it SORN it, nor are any of the other points made.

You need to pay the tax, and decide whether to keep the car or sell it.

posession is in dispute as I see it. I never accepted.

But how you see it is immaterial. You told the DVLA that you acquired it when you bought it, but they’d have come to the same decision anyway.

You have no grounds in law to dispute this, so you’ll end up paying, the only question is how much stress you have.

TimSynths

I think I'm owed £350 just for reading all this!

dcfc67

You say your wife is a Doctor, i presume that she abides by all her clinical codes of conduct so she must be in a trade union, either BMA or RCN.

Don't they have legal services,

Unison and Unite offer 30 minutes free with a solicitor

The_Fat_Controller

@dcfc67, I think the legal horse bolted when the company ceased trading and the OP was still trying the bank chargeback route.

As for taking on the DVLA, the OP has admitted being the registered keeper for the period that the vehicle was neither taxed or had a SORN