Tax renewal not sent by DVLA now car impounded

[redpetunia]

Hi,

 

Would appreciate any advice on the below.

 

I've just received a letter (Friday) from DVLA to say that they have impounded my vehicle due to non payment of tax.

 

I did not receive a notification letter from the DVLA that tax was due. Normally I rely on receiving this paperwork in order to gather together the various bits of paperwork that I need and trotting off to the post office to renew my disc.

 

Can I appeal this in any way if I did not receive the standard DVLA letter?

 

From memory my tax expired at end of June - the car was seized 1st July so they were obviously lying in wait for it.

 

Is there any standard procedure that they should be following before taking a vehicle i.e. a second letter or notification that the vehicle will be seized if tax not paid?

 

I am absolutely furious about this as I not a tax dodger. The car is MOT'd, insured and has valid parking permit. I feel very victimised as there has been no opportunity for me to be the model citizen that I am.

 

Now it will cost me nearly £400 to get the car released.

 

Apparently it would have been half that if I had got the car today - but as the letter only came today, and was received by me on my return from work that was impossible. the fees increase as I now have to pay for storage over the weekend while they are not open.

 

Please help.

 

This does not feel like a very fair system and there must be a way around it.

 

Thanks

 

RP.

[barracad]

It's your own responsibility to ensure your car is taxed at all times, and if you know your tax expired at the end of June then you should have sorted it before the month ended.

 

Sorry but I don't think there's anything you can do.

[redpetunia]

I don't know when it expired, I only think it's end of June from memory - and that's only because this situation has made me think about it.

 

there must be something I can do?????????

 

Is there no obligation for the DVLA to notify you?

[barracad]

Is there no obligation for the DVLA to notify you?

 

No. And in any event I believe the process is automated, so they will argue that they sent the renewal note.

 

Whilst I understand you haven't received it, you must appreciate that there are unfortunately many people out there who 'try it on' - and saying they didn't receive the letter will be a common excuse.

 

Letter or no letter, it's your own responsibility to ensure your car is taxed - and it says clearly on your tax disc when it expires.

 

Put it down to experience and next time write a reminder in your diary or on your calendar.

[Conniff]

I have to agree with the above posts. There is NO appeal.

It takes just 2 seconds to glance up while checking the oil, water and brake fluid - you have checked them at some time in the last 6/12 months haven't you?

Edited July 13, 2008 by Conniff

[shywazz]

Why not just pay the tax for the car and whatever charge to get the car back, take it as a lesson and remember to tax it in good time next year...

[havinastella]

Sorry, I have to agree.

 

HOW can you not know when your Tax is up?

 

It's like not knowing when your Birthday is!

[bidstermeister]

Is there any (legal*)reason why we can't put our tax disc on the driver's side ? That way, you'd see it almost every time you got into your car. Whilst I have sympathy for you, I think that taxing your vehicle should be something that is towards the front of your mind (especially if you're going to be stung another £60 to do so!)... However, me being the person I am - I would write back to the DVLA saying that the car needs a wash every 3 days, a hoover once a week and a daily oil/tyre check

 

*I appreciate that it's probably so that TW's and the Police can check without having to step into the road to check.

Edited July 12, 2008 by bidstermeister

[shywazz]

Hiya... The tax disc is placed upon the passagers side mainly for dvla cams to pick up on it when doing spot checks on the side of the road and for other cams to notice such when driving past, i know of no legal side as to which side you place ur disc, but having it where cams etc can't read it, would only cause you probs down the line really, by being stopped every time due to cams etc not seeing the disc. You can be fined for NOT dis-playing the disc, but having it on the drivers side, least you are still dis-playing the disc.

[gwc1000]

Taken from direct.gov.uk:

 

Display your tax disc

 

Display a tax disc on the passenger side (kerb side) of the vehicle’s windscreen. If there’s no windscreen or you have a motorcycle or sidecar, display the tax disc on the kerb side of the vehicle.

 

As for the OP's situation, I cannot believe that the DVLA seized the car one day after the tax expired. More like it had expired the previous June

Edited July 12, 2008 by gwc1000

[buzby]

That is their 'interpretation', it is NOT enshtined in law. Providing it is 'displayed' the owner or RK has met their obligation.

[gwc1000]

That is their 'interpretation', it is NOT enshtined in law. Providing it is 'displayed' the owner or RK has met their obligation.

 

Sorry, but I disagree.

Road Vehicles (Registration and Licensing) Regs 2002 tells us exactly where to display.

PART 2 Regulation 6 (4)©:

© in the case of any vehicle fitted with a glass windscreen in front of the driver extending across the vehicle to its near side, on or adjacent to the near side of the windscreen;

[buzby]

Disagree away, however this appears to be relevant to England onl (and Wales, sorry!). Thi previous Acts where this matter was dealt with was as part of the 'Construction & Use' regs which are still largeley relevant - these 2002 regs have been around for 5 years or so, but would be outwith my expertise having seen to Scottish leglislation equivalent.

 

Interestingly, it is still permissible for Scottish motorists to buy number plates without supporting documentation as the amendments to regulations you referred to are not enacted here. Of course, whether this means English drivers should stop at Gretna and put the disc on their back windscreen is up to them!

[Conniff]

As for the OP's situation, I cannot believe that the DVLA seized the car one day after the tax expired. More like it had expired the previous June

 

 

Of course your correct gwc, the regulations say:

 

1. These regulations represent one element of the package of measures to implement continuous registration and will introduce a late licensing penalty of £80 - reducing to £40 if paid within 28 days - for those who fail to license their vehicles, or make the appropriate SORN declaration, on time, using the powers in Section 7A of the Vehicle Excise and Registration Act 1994, as amended by the Finance Act 2002. These regulations provide that a supplement is payable by the registered keeper of a vehicle that has been unlicensed for more than one month. It will not be necessary for the vehicle to be seen unlicensed on the road.
   

[Rob S]

Disagree away, however this appears to be relevant to England onl (and Wales, sorry!).

 

In other words it is relevant to the vast majority of the population of the UK.

[buzby]

Like car clamping...? Time to move then.

[Rob S]

I can think of one very good reason not to move to Scotland:D

[gwc1000]

Of course, whether this means English drivers should stop at Gretna and put the disc on their back windscreen is up to them!

 

Well, actually I think the opposite applies. Any Scots travelling South of the border MUST sensure that their tax disc is displayed on the nearside as prescribed by the Secretary of State whilst travelling in England or Wales.

[buzby]

Well, actually I think the opposite applies. Any Scots travelling South of the border MUST ensure that their tax disc is displayed on the nearside as prescribed by the Secretary of State whilst travelling in England or Wales.

 

On the basis of statistics, more vehicles originate from south to north than vice-versa, and this is swelled by tourists and their hire cars. However, if you note the regulations also state that any foreign vehicle must have EU plates or a separate country identifier symbol (P, ES, S PL, P etc) this isn't even enforced, and when you think it could be done at the arrival point before the vehicles enter the UK, it makes you realise how important (not) this law really is.

[gwc1000]

On the basis of statistics, more vehicles originate from south to north than vice-versa,

 

This is probably true. However, this does not detract from the fact that the Scots MUST ensure that they comply with the law concerning tax disc display regulations when entering England.

[buzby]

This is probably true. However, this does not detract from the fact that the Scots MUST ensure that they comply with the law concerning tax disc display regulations when entering England.

 

I'm sure they will handle the matter in the same way all those foreign tourists do - I mean, we cannot have the Scots persecuted for having a tax disc on the back window or offside, whilst all these johnny foreigners don't bother with their mandatory country of origin stickers, surely?

 

I think you'll find in the real world, only jonsworths would give a jot, as with ANPR it's all academic. Indeed, I'd go so far as to suggest that this part of the law is totally redundant and will soon go the way of the guy waling in front of cars with a red flag....

 

I'll certainly not lose any sleep over it, as if I was ever challenged I'd highlight the anomaly in the law between the two jurisdictions and assert my rights to be treated as I would in my own country. If card from Greece are expected to have their stuck to the inside of their sun visor - say because of fading and rampant theft in Athens, who is England to say where they should display it?

[gwc1000]

and assert my rights to be treated as I would in my own country.

I wasn't aware that when breaking the law in another country, you had the 'right' to insist that you should be treated as if in your own country.

[buzby]

I wasn't aware that when breaking the law in another country, you had the 'right' to insist that you should be treated as if in your own country.

 

[EDIT].

 

As a member of the EU, motorists are deemed 'legal' in any other state providing they comply with the laws in their own country, this was already made clear in my tongue-in-cheek post about Greece. Therefore if it is legal in Scotland, it will be legal in any other EU state. This of course trumps England's requirement for me to stick the disk where THEY prefer. A prosecution - however unlikely - would be unlikely to succeed.

 

Should I speed or do any other violation, then I'd have to take the rap like anyone else.

Edited July 21, 2008 by buzby

[Rob S]

EDIT - Personal remark removed

 

Now, let's get back to your point. Say I travelled to a EU country where it is a requirement to carry a roadside warning triangle in case of a breakdown or a spare bulb kit, but I didn't comply with their laws, are you saying that I could say to the local officers of the law that as it is not a legal requirement for me to carry either in the UK that they should treat me as if I was back in the UK?

 

As for the tax disc issue, good luck with that one should you ever come down to England and get reported for it.

Edited July 19, 2008 by alanfromderby

[Rob S]

Another example. It is legal for motorcyclists to filter between slow moving traffic in the UK but it is illegal in Germany. If I was to travel to Germany and filter and get stopped by the police, would I then be able to say that as it is legal in the UK they can't touch me?