DVLA prosecution for car tax

GeordieGeorge

The_Fat_Controller said:

@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 

Bought it, paid for it, drove it, too it for MOTs...

Trying to pretend now that someone else should cover the tax just isn’t going to work.

born_again

jigershah said:

Bank (Santander) lost time firstly picking up my phone call and registering and when I followed up in a week seeing no updates, I was told they will send me forms which I have to fill in and sign and they will look into it, that took another few weeks for their form and procedures to come through and for me to put together everything and send them back. From there after few weeks they asked additional information which I had already supplied to them as photocopies so that lost another time, and finally they accepted all information they said they will reach out to merchant and they have to legally wait perhaps 6-8 weeks for merchant to respond before they do anything and after that they declined.
They declined on grounds that goods were returned exactly to your point and I argued that this is not my car and it was delivered to me and has a dangerous fault so I am not going to drive and take a risk neither can spend money to get car over to dealer when they delivered but bank wont listen (against my consumer rights as discussed earlier) so I complained against that verdict which again waited for another 3-4 weeks minimum for independent investigation only to be told same thing but this time saying Visa wont agree because visa has this rule and because I had honestly conveyed that company has shut down that visa wont be able to recover and they will use this the fine print independent of consumer rights so I was asked to now go FOS. FOS was invoked and FOS was slowest. I had to chase month on month to get case worker assigned. 

No time was lost. Only a few simple chargebacks can be done over the phone. This is not a simple chargeback.

On a chargeback (Which are over & above your consumer rights, and are extra card regulations) The retailer has 45 days to respond to the chargeback. But banks tend to give longer timescales to give breathing space to pick up rejections. There is nothing legal about chargebacks, as they are simply card regulations.

Nothing at all to do with your consumer rights....

Retailer could in your case simply reject on the grounds you had not returned the car. 
You can not keep the car & the money.
The fact the garage is no longer trading has nothing to do with a claim via chargeback being rejected. If they are not trading the money comes from their bank.

How is the car dangerous, if the garage you took it to for MOT passed it?

jigershah

GeordieGeorge said:

The_Fat_Controller said:

@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 

Bought it, paid for it, drove it, too it for MOTs...

Trying to pretend now that someone else should cover the tax just isn’t going to work.

bought it yes, paid for it yes, drove it No. if you dont know and havent read, talked to DVLA and was advised that while you wait for V5c to be processed, a non taxed vehicle can be driven to prebooked garage which is what I did. 
We dont pretend, we admit our mistakes so please understand and be respectful. There is no need for you to make a judgement call, judge will do that... Thanks. 

jigershah

born_again said:

jigershah said:

Bank (Santander) lost time firstly picking up my phone call and registering and when I followed up in a week seeing no updates, I was told they will send me forms which I have to fill in and sign and they will look into it, that took another few weeks for their form and procedures to come through and for me to put together everything and send them back. From there after few weeks they asked additional information which I had already supplied to them as photocopies so that lost another time, and finally they accepted all information they said they will reach out to merchant and they have to legally wait perhaps 6-8 weeks for merchant to respond before they do anything and after that they declined.
They declined on grounds that goods were returned exactly to your point and I argued that this is not my car and it was delivered to me and has a dangerous fault so I am not going to drive and take a risk neither can spend money to get car over to dealer when they delivered but bank wont listen (against my consumer rights as discussed earlier) so I complained against that verdict which again waited for another 3-4 weeks minimum for independent investigation only to be told same thing but this time saying Visa wont agree because visa has this rule and because I had honestly conveyed that company has shut down that visa wont be able to recover and they will use this the fine print independent of consumer rights so I was asked to now go FOS. FOS was invoked and FOS was slowest. I had to chase month on month to get case worker assigned. 

No time was lost. Only a few simple chargebacks can be done over the phone. This is not a simple chargeback.

On a chargeback (Which are over & above your consumer rights, and are extra card regulations) The retailer has 45 days to respond to the chargeback. But banks tend to give longer timescales to give breathing space to pick up rejections. There is nothing legal about chargebacks, as they are simply card regulations.

Nothing at all to do with your consumer rights....

Retailer could in your case simply reject on the grounds you had not returned the car. 
You can not keep the car & the money.
The fact the garage is no longer trading has nothing to do with a claim via chargeback being rejected. If they are not trading the money comes from their bank.

How is the car dangerous, if the garage you took it to for MOT passed it?

this was timelines responded to someone claiming that I was wasting time to inform who took up time and where, I was only following CAB advise because court case with a closed shop goes no where generally so these option was offered which took up nearly 9 months. 
Thanks

AdrianC

jigershah said:

GeordieGeorge said:

The_Fat_Controller said:

@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 

Bought it, paid for it, drove it, too it for MOTs...

Trying to pretend now that someone else should cover the tax just isn’t going to work.

bought it yes, paid for it yes, drove it No. if you dont know and havent read, talked to DVLA and was advised that while you wait for V5c to be processed, a non taxed vehicle can be driven to prebooked garage which is what I did. 
We dont pretend, we admit our mistakes so please understand and be respectful. There is no need for you to make a judgement call, judge will do that... Thanks. 

Yes, a non-taxed car can be taken for an MOT. That's totally separate from keepership.

But it DOES need to be SORNed.

A car in your keepership needs to be EITHER taxed or SORNed at ALL times. If it's uninsured, it cannot be taxed.

And we've already covered whether you should have been keeper or not. Totally separate from your attempts to return the car under your consumer rights.

jigershah

AdrianC said:

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?

I did and MOT inspector came and dealer was supposed to come, he did not, MOT inspector said that they can not drive and test and looking at tyre said that it was a decision dealer or I need to make if car had to be again inspected and dealer did not bother and I never accepted keepership so I said if he hasnt come, I dont own the car so it is his call. I was then asked by dealer to get independent garage report which I did which confirmed a dangerous fault. how did MOT pass with dangerous fault is a question I dont know and oct MOT indeed failed as expected on same set of tyres and reported with stiff steering issues too (that garage did not see it as dangerous faults) and none of the garages are known to me or they know me. Hope this helps. 

I have requested DVLA to look into this and have admitted my faults as highlighted by all of you for which I am thankful and they are reconsidering it based on facts I have provided as well as my mistakes. 

thanks all again. 

jigershah

dcfc67 said:

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

Thanks for this. I never knew it and will keep this in mind. Thanks again. 

GeordieGeorge

jigershah said:

GeordieGeorge said:

The_Fat_Controller said:

@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 

Bought it, paid for it, drove it, too it for MOTs...

Trying to pretend now that someone else should cover the tax just isn’t going to work.

bought it yes, paid for it yes, drove it No. if you dont know and havent read, talked to DVLA and was advised that while you wait for V5c to be processed, a non taxed vehicle can be driven to prebooked garage which is what I did. 
We dont pretend, we admit our mistakes so please understand and be respectful. There is no need for you to make a judgement call, judge will do that... Thanks. 

I’m out after this, as you’re changing your story now, but you did drive it, as you wrote “ That evening when I drove the car, immediately I realised that car steering problem was not fixed”.

I can’t for the life of me understand why people post on here for help, refuse to take any advice, then lie to try to avoid appearing to be in the wrong.

The_Fat_Controller

@GeordieGeorge, well said.

More holes in this story that Swiss Cheese.

@jigershah suggest you pay the fine, you are 100% liable.

jimjames

jigershah said:

GeordieGeorge said:

The_Fat_Controller said:

@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 

Bought it, paid for it, drove it, too it for MOTs...

Trying to pretend now that someone else should cover the tax just isn’t going to work.

bought it yes, paid for it yes, drove it No. if you dont know and havent read, talked to DVLA and was advised that while you wait for V5c to be processed, a non taxed vehicle can be driven to prebooked garage which is what I did. 
 

How did the car get to the MOT garage? Was it taken on a trailer? You said before that you drove it uninsured, have you ever had it insured since it was delivered to you? If you can't demonstrate insurance then that may be another issue as well as the tax.