05-08-2013, 01:44 PM
Hi all, got a DVLA fine through the post a couple of weeks ago for not taxing poodles car the month after I bought it. I'm not paying their £40 pay early discount, I'm not paying the apparent "owed" tax and I'm certainly not paying the full £80.
I replied to them telling them it was scrapped just after I bought it so i wouldn't of had to pay tax and the scrap man is responsible for sorting the certificate of destruction (which obviously i never received).
They have written back to me telling me that because i did not receive written notification from them within 20 working days i should of contacted them to tell them i wasn't the reg keeper and so the fine still stands.
I am of the opinion that it is the scrap mans job to deal with the V5 as he took it as the Vehicle Excise and Registration Act 1994 section 22 say:
The Secretary of State may by regulations—
(d)require a person by, through or to whom any vehicle is sold or disposed of to furnish the particulars prescribed by the regulations in the manner so prescribed,
(dd)require a person by or through whom any vehicle is sold or disposed of to furnish the person to whom it is sold or disposed of with such document relating to the vehicle’s registration as may be prescribed by the regulations, and to do so at such time as may be so prescribed.
As the legislation says OR it doesn't make it me responsibility as the scrapper was going to especially as I "furnished" the scrapper with the documents
The whole legislation of Vehicle Excise and Registration Act 1994 is here:
http://www.legislation.gov.uk/ukpga/1994/22/section/22
The other point is I am not paying tax for a car that does not and did not exist. My opinion is that "innocent until proven guilty" so they must prove that the car did and does still exist as a vehicle to which road tax would apply. They must also prove that I did not give the vehicle (shell) and V5 to a scrapper.
Finally there is some talk on the internet that the DVLA cannot issue you a fine till you have been found guilty in court and the £80 "fine" is actually an invitation to an out of court settlement.
If I do go to court do you think using thousands of whinges about the DVLA sending out fines to people who have done what they are supposed to and me always having scrapped cars correctly previously would be a good argument (along with the above)
Sorry that rambles a bit but I f*cking hate the DVLA and I want them to have as little of my money as possible.
I replied to them telling them it was scrapped just after I bought it so i wouldn't of had to pay tax and the scrap man is responsible for sorting the certificate of destruction (which obviously i never received).
They have written back to me telling me that because i did not receive written notification from them within 20 working days i should of contacted them to tell them i wasn't the reg keeper and so the fine still stands.
I am of the opinion that it is the scrap mans job to deal with the V5 as he took it as the Vehicle Excise and Registration Act 1994 section 22 say:
The Secretary of State may by regulations—
(d)require a person by, through or to whom any vehicle is sold or disposed of to furnish the particulars prescribed by the regulations in the manner so prescribed,
(dd)require a person by or through whom any vehicle is sold or disposed of to furnish the person to whom it is sold or disposed of with such document relating to the vehicle’s registration as may be prescribed by the regulations, and to do so at such time as may be so prescribed.
As the legislation says OR it doesn't make it me responsibility as the scrapper was going to especially as I "furnished" the scrapper with the documents
The whole legislation of Vehicle Excise and Registration Act 1994 is here:
http://www.legislation.gov.uk/ukpga/1994/22/section/22
The other point is I am not paying tax for a car that does not and did not exist. My opinion is that "innocent until proven guilty" so they must prove that the car did and does still exist as a vehicle to which road tax would apply. They must also prove that I did not give the vehicle (shell) and V5 to a scrapper.
Finally there is some talk on the internet that the DVLA cannot issue you a fine till you have been found guilty in court and the £80 "fine" is actually an invitation to an out of court settlement.
If I do go to court do you think using thousands of whinges about the DVLA sending out fines to people who have done what they are supposed to and me always having scrapped cars correctly previously would be a good argument (along with the above)
Sorry that rambles a bit but I f*cking hate the DVLA and I want them to have as little of my money as possible.
I always make sure I've got the destruction cert within a week for that reason tbh. Good luck whatever you decide to do though!
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