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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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bought a car saturday afternoon no tax supplyed are you able to drive it around?


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Hi Guys

Been in the car trade all my life and the main reason i would not tax a car with my trade policy is because the car would then be put in my name so if a car needs taxed then its up to the buyer to tax car Some car dealers will tell you whatever just to get the sale

Not true. With the style of registration document there is now, it is easy to tax a car for a customer using your trade policy if you know how. The vehicle doesn't ever have to be registered to you. I thought everyone in the trade knew that secret. I'm surprised DVLA haven't sussed this little wrinkle yet!

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Not true. With the style of registration document there is now, it is easy to tax a car for a customer using your trade policy if you know how. The vehicle doesn't ever have to be registered to you. I thought everyone in the trade knew that secret. I'm surprised DVLA haven't sussed this little wrinkle yet!

 

To be with in the law ? and would i buy a car off a man like you i think not We can all do ilegal things but then thats why true car dealers get a bad name Would you also cover a mate whos cars not insured ? i dont abuse my traders policy for anyone :)

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To be with in the law ? and would i buy a car off a man like you i think not We can all do ilegal things but then thats why true car dealers get a bad name Would you also cover a mate whos cars not insured ? i dont abuse my traders policy for anyone :)

 

Please read my posts before you attack me. I said in an earlier post that I refuse to do it. I just said that it's possible to tax a vehicle without registering it, and a lot of traders do it, and I don't agree with it. My business is run completely within the law, this year I have sold in excess of 600 vehicles and have been operating for nearly thirty years and can assure you I don't have a bad name, but thanks for your concern. Who mentioned anything about insuring a mate? Considering the amount of money insurance costs me per annum I take absoloutley no chances with insurance.

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If a dealer (any dealer) supplies a vehicle to a customer who then drives it on a public highway when is either unroadworthy, untaxed or uninsured they are as guilty of commiting that offence as the purchaser/driver.

Do you mean ethically or as a point of law? Are you suggesting that when I send vehicles to auction without any documentation at all that if the purchaser chooses to drive the vehicle out of the sale yard on the public highway I and/or the auction company are committing an offence? There is no legislation that insists that I have to ensure a customer is insured before they remove a car from my premises. Also what about private sales? If it is an offence to sell an untaxed or no Motd vehicle that the purchaser drives off in on the highway would you say a private individual is guilty of an offence when selling an untaxed or no MoTd vehicle that the purchaser drives home in?

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Ok this is not an attack on anyone

 

Selling a car without a valid V5 is unlawful. This was introduced in 2002 to assist with combating vehicle cloning, ringing and theft. I note your comment GWC1000 about the BCA (British Car Auctions) but to be honest the Police are not really that interested in large scale offences as they have other priorities that do not allow them to do so

 

You are right though about the tax GWC1000. My view is if the customer is not willing to pay for the tax when buying the car then they take the consequences after they drive it away from your forecourt

 

For the record it is not a criminal offence as it is not recordable

 

As I say this is not an attack or criticism of any members here just my 2 cents

 

Regards

 

Mark

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Ok this is not an attack on anyone

 

Selling a car without a valid V5 is unlawful.

 

Sorry, but I have to disagree. I buy many vehicles from auction without a V5. In fact I have collected one today from BCA Bedford. I will fill out a V62 obtainable from your post office. On it it says:

 

You should use this form to obtain a Vehicle Registration

Certificate (V5C) if the original has been lost, stolen, defaced or

destroyed, or you have recently acquired the vehicle but did not

receive the V5C

 

If it was unlawful why would it say on the V62: or you have recently acquired the vehicle but did not

receive the V5C ?

I have never had any trouble obtaining a V5 after purchasing a vehicle without one.

I admit DVLA did start running adverts on the tv around about 2002 saying a car isn't legit without a logbook. But they soon dropped that when it was obvious that it wouldn't work.

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...If you are in the Bedford area do you sell frontera's at about 2k?
What colour do U what??...:confused:

...I MAY know someone that could help U out?!...;)

 

NO V5 though......+ possibly slight damage to one of the doors/ignition.

 

I could negotiate a small discount for U, if U're interested enough??...:cool:

 

 

...lol...:D

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What colour do U what??...:confused:

...I MAY know someone that could help U out?!...;)

 

NO V5 though......+ possibly slight damage to one of the doors/ignition.

 

I could negotiate a small discount for U, if U're interested enough??...:cool:

 

 

...lol...:D

 

Is that the model with keyless go?

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Buyer Beware!...;)

 

A car dealer cannot hide behind Caveat Emptor (buyer beware) no matter what they might claim or as they sometimes say 'as seen' unless they are selling it for parts/spares which must be made clear at the time of sale.

 

In which case they must not allow the purchaser to drive off in the said vehicle after sale

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In general, a car must be fit for purpose (whether a private or dealer sale).

 

However, if a dealer is selling a car stipulated as unroadworthy, there is no requirement for the dealer to physically prevent the motorist from leaving their premises in whatever way they choose - do you people actually live in the real world?

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Selling a car without a valid V5 is unlawful.

Mark

 

Nonsense.

 

Every time I change my car, I sell the old one without a V5. This is due to the time it takes to get the new V5 after retaining the VRM.

 

The V5 proves absolutely nothing about the vehicle's

ownership, only who is the registered keeper (who may not be the owner or the driver)

 

For the record it is not a criminal offence as it is not recordable

 

This is also nonsense. Just because the conviction is not recordable, does not remove the criminality.

 

Speeding is not recordable, but it is still a crime.

 

As a general rule, if the offence is dealt with (or would be if not FPN) in a Magistrates' Court, it is a criminal offence.

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The V5 proves absolutely nothing about the vehicle's

ownership, only who is the registered keeper (who may not be the owner or the driver)

Fair point - HPI checks would help when buying a car then would you recommend?

 

Every time I change my car, I sell the old one without a V5. This is due to the time it takes to get the new V5 after retaining the VRM.

 

not being able to get one in time is not relevant. How do you and your buyer fill out the tear off slips if you don't have one?

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not being able to get one in time is not relevant. How do you and your buyer fill out the tear off slips if you don't have one?

 

You don't have to sign the tear off slips. It will not prevent the new owner getting a new reg doc. He takes the car and fills out a V62 and a new V5 comes to him in the post.

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In general, a car must be fit for purpose (whether a private or dealer sale).

 

However, if a dealer is selling a car stipulated as unroadworthy, there is no requirement for the dealer to physically prevent the motorist from leaving their premises in whatever way they choose - do you people actually live in the real world?

 

Yes fraid you don't

 

If a dealer allows a buyer to drive on the public highway with an unroadworthy or unlicenced vehicle that he has sold he commits the offence of conspiracy

 

If the buyer is in an accident caused by that unroadworhyness or is indeed uninsured at the time of leaving the dealer and collides with another they are also guilty of not only the criminal offence of conspiracy but are also liable in civil law for any loss or damage caused by that buyer.

 

Also a private seller does not have the same responsibilities as a trade dealer unless they are specificaly asked "is this car roadworthy and fit for purpose" they have no obligation for it to be so hence the term 'caveat emptor'

 

The purchaser in a private sale would have to prove they were considerably mislead for their claim to succeed

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If a dealer allows a buyer to drive on the public highway with an unroadworthy or unlicenced vehicle that he has sold he commits the offence of conspiracy
define what a conspiracy is

 

"IF" there were to be any offences on the part of the dealer it would be use cause or permit - In this case permit. But then you would have to prove that the dealer permitted the new owner to drive on the public highway with an unlicenced/unroadworthy vehicle. I have never heard of such a prosecution but I am sure there will be

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Yes fraid you don't

 

If a dealer allows a buyer to drive on the public highway with an unroadworthy or unlicenced vehicle that he has sold he commits the offence of conspiracy

 

If the buyer is in an accident caused by that unroadworhyness or is indeed uninsured at the time of leaving the dealer and collides with another they are also guilty of not only the criminal offence of conspiracy but are also liable in civil law for any loss or damage caused by that buyer.

 

Can you back this up with either legislation or case law? Conspiracy to do what exactly?

 

Also a private seller does not have the same responsibilities as a trade dealer unless they are specificaly asked "is this car roadworthy and fit for purpose" they have no obligation for it to be so hence the term 'caveat emptor'

 

The purchaser in a private sale would have to prove they were considerably mislead for their claim to succeed

That is true to a point - buyer beware is always good advice however if something is being sold as "good runner just services 12 months T&T" then I would argue that is an implied term that the vehicle is fit for the purpose of being used as a motor vehicle on the queens highway!

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Look conspiracy up in the dictionary.

 

The fact of allowing the buyer to drive off knowing that the vehicle is either unroadworthy or unlicenced is sufficient to establish an offence on the part of the dealer.

 

A private seller may, in so many words claim the vehicle is 'fit for purpose' but if it isn't glaringly obvious at the time of purchase that it isn't then there is no liability on the private seller whatsoever.

 

For a claim to succeed the onus would be on the private buyer to prove the private seller knew of the fault.

 

If the buyer is a dealer then they are stuffed no matter what is wrong with the vehicle as they are classed by the Courts as having 'special knowledge' & should have spotted the fault at the time of purchase

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Conspiracy

 

a secret agreement between two or more people to perform an unlawful act

a plot to carry out some harmful or illegal act (especially a political plot)

a group of conspirators banded together to achieve some harmful or illegal purpose

The relevant word here is secret -

 


  • not open or public; kept private or not revealed; "a secret formula"; "secret ingredients"; "secret talks"
  • clandestine: conducted with or marked by hidden aims or methods; "clandestine intelligence operations"; "cloak-and-dagger activities behind enemy lines"; "hole-and-corner intrigue"; "secret missions"; "a secret agent"; "secret sales of arms"; "surreptitious mobilization of troops"; "an ...
  • unavowed: not openly made known; "a secret marriage"; "a secret bride"
  • communicated covertly; "their secret signal was a wink"; "secret messages"
  • not expressed; "secret (or private) thoughts"
  • hidden: designed to elude detection; "a hidden room or place of concealment such as a priest hole"; "a secret passage"; "the secret compartment in the desk"
  • privy: hidden from general view or use; "a privy place to rest and think"; "a secluded romantic spot"; "a secret garden"
  • confidential: (of information) given in confidence or in secret; "this arrangement must be kept confidential"; "their secret communications"
  • something that should remain hidden from others (especially information that is not to be passed on); "the combination to the safe was a secret"; "he tried to keep his drinking a secret"
  • indulging only covertly; "a secret alcoholic"
  • information known only to a special group; "the secret of Cajun cooking"
  • mysterious: having an import not apparent to the senses nor obvious to the intelligence; beyond ordinary understanding; "mysterious symbols"; "the mystical style of Blake"; "occult lore"; "the secret learning of the ancients"
  • mystery: something that baffles understanding and cannot be explained; "how it got out is a mystery"; "it remains one of nature's secrets"
  • the next to highest level of official classification for documents

 

As it is common knowledge that dealers do this, (argue all you like whether it is lawful or not), it cannot be held to be a secret act

 

I stand by my original suggestion of permit

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