Hi,

I hope that you can help me - I have read down a number of the DVLA LLP threads, but wanted some clarification if possible.

Background is - purchased car mid-last year. Trader sent off the V5, but have the green slip. Tax ran out at end of October.

Had letter through the door addressed to my name, but not my address - different house name (same house name as road name) from DCA stating not taxed, so LLP of £80 to pay.

Subsequent search of car documents (as couldn't remember reminder coming and knew hadn't had car for 1 year) shows no V5 or reminders.

Car is MOT'd and insured in my name at correct address (always has been) - details which I know DVLA have access too.

Appears that is DVLA data entry error

- as either entered wrong house name or if no house name on V5 from trader

(didn't see it as with DVLA for cheirshed plate transfer at time of sale),

then surely should have contacted previous owner for clarification as not complete details provided?

I know I should have realised not had V5 etc., but I genuinely didn't.

Planning to ask Postman why delivered this one to my address (different to envelope)

and ask other house owners if received any DVLA letters

and whether sent them back to Postman

or DVLA as not at this address (would have been V5 plus a number of reminders) or just binned them.

If you got this far, then thank-you and what is my best course of action?

you say you have a DCA chasing you

for a DVLA £80 fine?

who please?

dx

Hi,

It's ADVANTIS Debt Collection.

Thanks!

hoho how did I guess

you should never pay or to be honest

believe anything a DCA says or does in relation to a gov't debt.

if you have any issues

it would pay you to deal directly with DVLA.

DCA's as with 99% of debts

HAVE NO LEGAL POWERS WHATSOEVER

they ARE NOT BAILIFFS

dx

Thanks.

Have spoken to DVLA and paid back tax and tax for year from now. Will write to complain about the LLP... will see what happens.

Cheers.

nothing

they are allowed to use DCA's

but advantis can claim all sorts of wonderful powers over the phone

once had them threaten to come and get a friends car for an £80 fee from 5yrs ago they wanted.

sadid they were going to seize it

asked hows that as they are not bailiffs

said as it was a DVLA debt, it gave them special powers!

friend says fine, then they asked his address thurso in Scotland.

haha

dx

No sorry - meant will write to DVLA about the LLP and hope to get it revoked....

sorry being thick

whats LLP?

dx

sorry being thick

whats LLP?

dx

The Late Licensing Penalty. s.7A, Vehicles Excise & Registration Act 1994.

ok worth a try but why do you think you don't owe it?

dx

Because, but for DVLA's error in the address, would have had all the correspondence and reminders sent through (they shouldn't have made an error in input or made up the house name). They have access to check the insurance, cross check the driving licence etc. and would see the error - surely due diligence to do this when not having any correspondence replied too - and much cheaper than paying for a DCA!

They can see that I have addressed the whole issue within a day of receiving such notifcation, so not trying to not pay....

I would advise them that if you made a payment that was requested as a consequence of an error

and they do not pay it back promptly you shall recover it by taking the matter to Small Claims...

they are arrogant enough to think they are untouchable but I cannot think of any legal reason why money handed over that was not lawfully due could be withheld from you.

The costs to them in trying to deal with paperwork are easily going to exceed sending you a cheque.

The OP has paid the outstanding duty and for a current licence, which was due. He has not paid the Late Licensing Penalty, which is what he is disputing.

OK... I misunderstood. I was still a little groggy after the champers (well fruit cider actually) from celebrating my win against them. If it can definitely be pinpointed to administrative error on their part and documents exist to show it... I'd keep disputing it and hold my ground. They would obviously prefer he concede than admit an error and will happily resort to threats. But threats to take legal action are only as valid as the law they are based on...