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Please help. DVLA tax mishap
hc1
post Sat, 3 Feb 2018 - 13:28
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Hi Guys,

Firstly, I want to thank you guys for the help I've received based on previous posts/topics by other people.

Now, after a change of ownership on new car I bought late 2017 I had forgot to tax the vehicle and was clamped by a clamping company. Without dispute, I immediately paid the £100 clamp removal fee and taxed the vehicle on the same day.

Fast forward a few months and I get a letter from the DVLA saying that I need to pay a penalty for the untaxed vehicle.

The letter states: "We have received evidence that at 1053 hours on 16/11/2017 this vehicle was being used or kept while untaxed in _________ ________". I am then given a deadline of 16 Feb to pay it.

I want to make it clear: I did not receive any notice from the DVLA prior to this and when taxing the vehicle post-clamp, the tax automatically started from a few months back to cover the untaxed months. Therefore, I dont think this is for a backlog charge.

I am a student who is currently struggling financially so I honestly cannot pay this fine at the moment.

Please help out guys, honestly appreciate any input.

hc1
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post Sat, 3 Feb 2018 - 13:28
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Jlc
post Sat, 3 Feb 2018 - 13:40
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This would be in relation to the offence itself. The clamp release is just that, the tax and any back-tax paid doesn't avoid pursuing the offence itself.

If it’s not paid then it's likely they'll prosecute. Ability to pay is not a factor I’m afraid.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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notmeatloaf
post Sat, 3 Feb 2018 - 15:03
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It is quite normal for people to be surprised that they get a further demand but as JLC says it is just that.

The money you paid was to remove the clamp.

The DVLA then come with their penalty and back tax calculation. If you don't dispute it had no tax this is normally the cheapest option although if it goes to court the fine will be income related and you can agree a payment plan - although the DVLA may also agree a payment plan if you call them.

Unfortunately there is little provision in law for not paying motoring fines on income other than the court system, the assumption being if you can afford to run a car you need to afford the unplanned costs as well.
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cp8759
post Mon, 5 Feb 2018 - 14:53
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QUOTE (hc1 @ Sat, 3 Feb 2018 - 13:28) *
I want to make it clear: I did not receive any notice from the DVLA prior to this and when taxing the vehicle post-clamp, the tax automatically started from a few months back to cover the untaxed months. Therefore, I dont think this is for a backlog charge.

Are you sure the tax was backdated? This must be new because the last time I taxed a vehicle, there was no option to pay back-tax, I was only able to tax it for the next 6 or 12 months.

Anyway, if you are right and the back tax has been paid (which I am slightly sceptical about), and you have evidence of that, then you should not have to pay the tax again, however the out of court settlement letter sent by the DVLA includes a surcharge on top of the tax which is essentially a punishment for not paying the tax on time, you can't argue your way out of this as you committed the offence and even if you paid the tax since then, that is no defence.

However if you take it to court you have the option of putting forward your financial circumstances as a reason for the magistrates to reduce the penalty, it's purely down to whether you want to take the matter to court. The DVLA are unlikely to bargain with you, their position is usually that you pay up, or the magistrates will have to decide.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Logician
post Mon, 5 Feb 2018 - 15:39
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QUOTE (cp8759 @ Mon, 5 Feb 2018 - 14:53) *
QUOTE (hc1 @ Sat, 3 Feb 2018 - 13:28) *
I want to make it clear: I did not receive any notice from the DVLA prior to this and when taxing the vehicle post-clamp, the tax automatically started from a few months back to cover the untaxed months. Therefore, I dont think this is for a backlog charge.
Are you sure the tax was backdated? This must be new because the last time I taxed a vehicle, there was no option to pay back-tax, I was only able to tax it for the next 6 or 12 months.


I think it is quite an old procedure but one that you cannot do online.



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