Fined twice for the same offence

[Harassed_by_DVLA]

Hi,
Although this is quite a long story, I'll try to keep it brief and not rant too much.
In July 07 the DVLA 'received information' that I was no longer the keeper of my vehicle, so removed me as the owner and informed me. I contacted them immediately and told them this was not so and where did this information come from. After some persistence, they finally admitted that they did not know where the information had come from (but still acted on it!), but they said that they would 'update' my records. I heard nothing from them until 12 October this year when they fined me for having no road tax. The date of the offence was 10 Sept, more than a month previously. Sure enough, when I looked at my tax disc, it was well out of date. I renewed my road tax immediately and rang up the DVLA to confirm that they had actually sent me a renewal, as I didn't recall receiving one. As it turns out, they hadn't sent me a renewal as when they had 'updated' my records in July 07, they'd messed everything up and as a result, I hadn't been sent one. I appealed the fine, but was unsuccessful as it's my responsibility to make sure my road tax is kept up to date (even though they've created a customer reliance on renewals). OK, fair enough - a bit harsh I thought, but payed up and put it down as an expensive (£73) lesson learned. But it doesn't stop there - oh no!
On 25 Nov, I received a second fine from the DVLA for having no road tax. The date of the offence was 8 Oct, 4 days BEFORE they had informed/fined me for having no road tax in the first place. So in other words, they'd sat on the first fine for so long (over a month) before informing me, that in the mean time I'd been reported again for the same offence. (This time it took 7 weeks for them to inform me of the fine.)
I'm absolutely appalled that the DVLA can do this. If you get caught speeding by a police camera, they have to inform you of the offence withing 14 days. But it appears that the DVLA does not have to inform you of any offence you might unwittingly be committing, but can fine you every day for months on end and then send you a postbag full of fines, one after the other, even if you pay your road tax on receipt of the first fine. I actually put this to DVLA Chelmsford (the fine enforcement division) and he said that was right.
Surely there must be some law which states that the DVLA must inform you within a reasonable time of any offence committed? I really want to go to court over this, but I'm not sure if I have a leg to stand on and how much the fine would go up if I did.
Thanks for any help you can give me.

[Conniff]

If you read the wording carefully you will probably see that there are different offences.
You will likely have been fined for not displaying a tax disc and another for the back tax.

There is no requirement for them to notify you of the upcoming tax expiry.

[Harassed_by_DVLA]

Originally Posted by Conniff

If you read the wording carefully you will probably see that there are different offences.
You will likely have been fined for not displaying a tax disc and another for the back tax.

No, that's not the case. On both occasions I'm being charged with having an unlicensed vehicle.

[gwc1000]

Originally Posted by Conniff

You will likely have been fined for not displaying a tax disc and another for the back tax.

No, DVLA cannot fine you for not displaying VED. That would be a FPN.

[Conniff]

Originally Posted by gwc1000

No, DVLA cannot fine you for not displaying VED. That would be a FPN.

Thanks for that.

[patdavies]

Failure to display is a Police matter and usually dealt with via FPN.

Not having VED is dealt with by the DVLA. It is a criminal matter but is usually dealt with by way of a fixed penalty. The relevant Act also gives the DVLA authority to levy an additional amount for the missing VED, at monthly rate since the last date of liability (expiry of old tax disc).

There is no obligation on the DVLA to send out any renewal notice.(V11)

If the OP genuinely has two identical FPNs for the same offence - albeit on different dates- then he should appeal this to the DVLA and point out that he has already be fined in the matter. He should also make it very clear that if they fail to agree to drop the second notice then he wishes the matter dealt with speedily by a Magistrates' Court; where he will be able to explain the matter fully.

[Harassed_by_DVLA]

Originally Posted by patdavies

Failure to display is a Police matter and usually dealt with via FPN.

Not having VED is dealt with by the DVLA. It is a criminal matter but is usually dealt with by way of a fixed penalty. The relevant Act also gives the DVLA authority to levy an additional amount for the missing VED, at monthly rate since the last date of liability (expiry of old tax disc).

There is no obligation on the DVLA to send out any renewal notice.(V11)

If the OP genuinely has two identical FPNs for the same offence - albeit on different dates- then he should appeal this to the DVLA and point out that he has already be fined in the matter. He should also make it very clear that if they fail to agree to drop the second notice then he wishes the matter dealt with speedily by a Magistrates' Court; where he will be able to explain the matter fully.

Thanks for the detailed reply. It's very helpful. I wonder if you could clear up one point. When you say "The relevant Act also gives the DVLA authority to levy an additional amount for the missing VED, at monthly rate since the last date of liability (expiry of old tax disc)." What does that mean? Could they use this to fine you twice? Or do you mean they can fine you for having no road tax and then also fine you separately (or additionally in the same fine) for the tax which you missed paying over the previous months. My tax ran out at the end of July and the date of the offences were 10 Sept and 8th October.
Many thanks.

[patdavies]

No, it doesn't mean that they can fine you twice.

They fine you once for the offence of not having VED on a vehicle on the public highway and the Actalso allows them to reclaim the VED due from the last expiry date (on a monthly basis) as a supplementary matter

[Harassed_by_DVLA]

Originally Posted by patdavies

No, it doesn't mean that they can fine you twice.

They fine you once for the offence of not having VED on a vehicle on the public highway and the Actalso allows them to reclaim the VED due from the last expiry date (on a monthly basis) as a supplementary matter

Thanks for clearing that up.