DVLA, fraudulent tax disc & out of court settlement.

[katiegirl]

Hi, I'm after some advice, ANY input would be greatly appreciated.

I bought a car back in July 2007 in a private sale, taxed up to March 2008. On 7th Dec 2007 the car was clamped and towed for displaying a fraudulent tax disc. This was a complete surprise to me but I didn't seem to have much choice but to go and collect the car from the pound which cost me £265. It was due for its MOT a few days later and failed, which I knew was going to happen & I scrapped the car.

When I picked up the car, I said to the bloke at the pound that it was due its MOT and I would probably scrap it. At no point did he say to me that I could sign over ownership of the vehicle, which I only found out afterwards.

I tried to report the bloke who sold me the car to the police, who told me
that they wouldn't be interested and to tell the DVLA, which I did. They responded to my letter, 2 months later, saying they "cannot become involved in any arrangement made between the seller of the vehicle and yourself". Surely selling cars with fake tax discs is illegal, not really an arrangement with him!!!!

In the same letter they really thoughtfully offered me the chance to pay an out of court settlement of £117 for keeping an unlicensed vehicle on the road.

What I really need to know is would it be worth my while going to court or will I end up even more out of pocket than I am now? Also, is the DVLA under any obligation to inform a new keeper that the vehicle isn't taxed? I am completely hacked off with the lot of them!!

Thanks!

[10110001]

You have a good civil claim against the seller if you have the following:

1. The fake tax disc.
2. A DVLA document saying its fake.
3. Receipts for all fines and fees you have paid hitherto.
4. Any document from the police confirming they're not interested in fake tax discs.
5. Name and address of the seller.

If you have received a criminal record for handling a fake tax disc then you should be speaking to a solicitor.

Add up all your financial losses and ask the seller to pay you according to a deadline. Any rebuke, file a claim in the small claims track naming the seller and DVLA as joint defendants.

[allyandfi]

Same happened to me bought car in aug clamped in Nov. had to pay the fine. However I got all the money back from the DVLA. Write to your MP and go and see them at your local surgery, mention that you have been a victim of a crime and that a govenment dept is penalising you further. Copy the letter to the DVLA, Ignore all the depts copy to the Chief Executive. Send him copies of everything. Ask the Chief executive to halt all proceedings against you while the MP investigates. For some reason they do not like MPs getting involved.

apparently DVLA do not need to notify you.

Also you were not clamped for displaying a fraudulent tax disc, what they do you for is failure to display a valid tax disc, a minor difference that they try to hide behind, as since it happened to me I found that the tax disc could be perfectly legal, though not valid. ( this due to dvla negligence)

This does not prevent you from going after the seller

[10110001]

Involving your MP halts litigation, and vice-versa. To set a roadmap to a conclusion then litigation is the way to go. Go with MP afterwards, he can take as long as he likes.

[katiegirl]

Many thanks for all your advice. I will get started on this today.