I've had similar problems to many others. In my case I part exchanged my car and sent the documentation for the sale of my old car and purchase of the new one to DVLA. I got the log book back for the new car, but a couple of months later also got a fine as the tax on the car I'd exchanged had run out since I'd exchanged it. I appealed, but the DVLA have dismissed it saying that it was my responsibility to pursue them when I didn't receieve written notification that ownership of my old car had been transferred. There seems no way round this as they've set themselves up as judge and jury with no independant appeals process. I think you're right in that the whole system is incompatible with Article 6 of the HRA. I'm suprised no-one has already applied for a judicial review of this. My guess is that people would rather pay the £40 than go through a lot of hassle, and I'm tempted to put it down to experience myself. The fact that you've suceeded gives me hope though. Could you post details of the court and date in which your case was heard? A precedent will help me and anyone else thinking of fighting through the courts