Dvla seized the vehicles due to no road tax from private land

[Maxi man]

I had cars parked on a hotel car park which was private land I am a motor trader and own the hotel and associated car park the hotel is not operational closed many years ago I bought site 2 years ago. 

 

The Dvla seized the vehicles due to no road tax,  I thought under Vera they could not do this they are citing the amendments under the finance act schedule 45

can any one help. 

 

It is private land this can't be right.?

[dx100uk]

if the vehicle is not sorn'd sadly it appears yes they can.

but read this thread..

 

it mentions the finance act , but that is not applicable unless the vehicle is unlicensed.

 

 

dx

 

[Manxman in exile]

So far as I'm aware, if the cars had "no road tax" then it doesn't matter where they were kept unless - as dx100uk has said - you had SORN'd them.

 

Presumably you hadn't?

[dx100uk]

Vehicle Excise and Registration Act 1994

WWW.LEGISLATION.GOV.UK

---

An Act to consolidate the enactments relating to vehicle excise duty and the registration of vehicles.

 

but i would suspect all the vehicles stored there are dvla registered?

 

(2)For the purposes of subsection (1) a vehicle is unlicensed if no vehicle licence or trade licence is in force for or in respect of the vehicle.....

[Maxi man]

They are relying on finance act 2008 schedule 45 if you are a motor trader you are exempt and also you do not need to sorn vehicle if you are trader.

The vehicles were bought from auction and the trade slip was sent to dvla

[dx100uk]

Yes that's what I eluding too 

 

So naughty DVLA screwed up either on ignoring trade slips ( too many to all be wrong) or designation or ownership of the land, the latter I suspect .

 

Have the DVLA been told the trader is the land owner with proof?

 

Dx

[Montego]

1 hour ago, Maxi man said:

They are relying on finance act 2008 schedule 45 if you are a motor trader you are exempt and also you do not need to sorn vehicle if you are trader.

The vehicles were bought from auction and the trade slip was sent to dvla

Only if you are a motor trader and the vehicles are kept at business premises  - s.29, 2(C), Vehicles Excise & Registration Act 1994. 

[Ethel Street]

There's quite a lot in schedule 45. Have they been more specific about which bits they think justify the seizure? Is their justification based on them claiming the car park isn't a motor traders business premises? Perhaps they think the hotel is still operating so it's hotel business premises not motor trade?

 

How many cars did they seize?

[Maxi man]

They said Dvla were going along saw these cars the day before checked them they all had no road tax and then they sent 7 trucks out at 3am the next day. 

All cars were brought from bca car auctions trade slips were sent back and the land was owned by the car sales company the hotel was not operating. 

Where does this take us? 

[Ethel Street]

11 hours ago, Maxi man said:

They said Dvla were going along saw these cars the day before....

 

Who is "they"?  Have "they" left any documentation with you? If so please can you post it here as a single pdf with your name/address and all identifying information (eg reference numbers, bar codes) covered up

 

How to Upload Documents / Images as PDF on CAG - Guides and advice on using the forum - Consumer Action Group

 

Where are the cars now?

 

You say you bought the old hotel site two years ago so you will have proof that you own it. Have you sent that to DVLA? 

 

My question before wasn't whether the hotel is actually still opeating, you've told us it isn't, but might DVLA thought it was? So the carpark enclosed with fencing and signposted as your premises? Or could it look to a DVLA drive by like it was still an operating hotel?

[Montego]

As above, it is the status of the land that is relevant. If it established to be be business premises the exemption would apply, if it was not, the exemption would not apply.

[Maxi man]

The hotel and associated car park was brought by a company, that company was brought by our motor trade company,  there was scaffolding up at the hotel.

 

We had no signs with business name, there was a sign saying private car park.

 

They seized 7 cars and clamped 21 cars , we had to pay 100 pound for each car and we had to tax them.

 

They did not give us any paperwork.

[Ethel Street]

How did you know it was DVLA if they gave you no paperwork?

 

Have you had an explanation from DVLA? You need to keep chasing them. I wonder if DVLA drove by and saw nothing to indicate it was a motor trade premises and decided it was not without bothering to check.

[Maxi man]

yes that what they said exactly what is definition of business premises we are motor traders? 

[Maxi man]

In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept by a motor trader or vehicle tester at business premises".

 

The enforcement agency cited the Finance Act 2008 as giving them the power to immobilise on private land.

Enforcement is lawful only where an authorised person has “reason to believe that an offence” under VERA S.29(1) “is being committed” (Reg. 5(1) of the Immobilisation Regulations)

Whether the threshold for belief was reached may be another question, however, I would like to know suitably qualified users' opinions and/or experience with the phrase "at business premises" and how this may or may not apply in the circumstances described.

In your interpretation, was the vehicle "at business premises"?

Are you aware of anything that interprets or modifies the definition of "business premises" or the word "at" as used in VERA S.29(2C)?