Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Tax renewal not sent by DVLA now car impounded

    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.

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  2. #2
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


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  3. #3
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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?


  4. #4
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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by redpetunia View Post
    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.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  5. #5
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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?

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  6. #6
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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...


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    Default Re: Tax renewal not sent by DVLA now car impounded

    Sorry, I have to agree.

    HOW can you not know when your Tax is up?

    It's like not knowing when your Birthday is!

    Blackhorse Finance : Isssued court papers for £3400 and return of car, settled for £1000

    Lloyds TSB : SAR request taken all the way to Court, Damages awarded.

    Lloyds TSB PPI : FOS found in my favour, awaiting settlement figure.

    Capital ONE : Issued Court papers, refund of £635.38

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    : Refund of charges £456.16

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  8. #8
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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.

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  9. #9
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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.


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    Default Re: Tax renewal not sent by DVLA now car impounded

    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


  11. #11
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    Default Re: Tax renewal not sent by DVLA now car impounded

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


  12. #12
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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by buzby View Post
    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)(c):
    (c) 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;


  13. #13
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    Default Re: Tax renewal not sent by DVLA now car impounded

    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!


  14. #14
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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by gwc1000 View Post
    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.


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  15. #15
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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by buzby View Post
    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.


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    Default Re: Tax renewal not sent by DVLA now car impounded

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


  17. #17
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    Default Re: Tax renewal not sent by DVLA now car impounded

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


  18. #18
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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by buzby View Post
    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.


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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by gwc1000 View Post
    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.


  20. #20
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    Default Re: Tax renewal not sent by DVLA now car impounded

    Quote Originally Posted by buzby View Post
    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.



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