£80 Fine - No tax - car scrapped

[Raykay]

Be careful. s.7A was an amendment to VERA 1994, introduced by Schedule 5, Finance Act 2002. Your claim is that you sent the document and DVLA are deemed to have received it. I wonder what legislation they are using to say the Interpretation Act does not apply in your case.

 

 

 

 

• s.7A - Supplement payable on vehicle ceasing to be appropriately covered.
  

(1) Regulations may make provision for a supplement of a prescribed amount to be payable where— (a)

a vehicle has ceased to be appropriately covered,

 

(b)

the vehicle is not, before the end of the relevant prescribed period, appropriately covered as mentioned in paragraph (a) or (b) of subsection (1A) below with effect from the time immediately after it so ceased or appropriately covered as mentioned in paragraph (d) of that subsection, and

 

©

the circumstances are not such as may be prescribed.]

 

 

 

(1A) For the purposes of this section and section 7B a vehicle is appropriately covered if (and only if)— (a)

a vehicle licence or trade licence is in force for or in respect of the vehicle,

 

(b)

the vehicle is an exempt vehicle in respect of which regulations under this Act require a nil licence to be in force and a nil licence is in force in respect of it,

 

©

the vehicle is an exempt vehicle that is not one in respect of which regulations under this Act require a nil licence to be in force, or

 

(d)

the vehicle is neither kept nor used on a public road and the declarations and particulars required to be delivered by regulations under section 22(1D) have been delivered in relation to it in accordance with the regulations within the immediately preceding period of 12 months.

 

 

(1B) Where a vehicle for or in respect of which a vehicle licence is in force is transferred by the holder of the vehicle licence to another person, the vehicle licence is to be treated for the purposes of subsection (1A) as no longer in force unless it is delivered to the other person with the vehicle.

(1C) Where— (a)

an application is made for a vehicle licence for any period, and

 

(b)

a temporary licence is issued pursuant to the application,

 

 

subsection (1B) does not apply to the licence applied for if, on a transfer of the vehicle during the currency of the temporary licence, the temporary licence is delivered with the vehicle to the transferee.

(1D) In subsection (1)(b) “the relevant prescribed period” means such period beginning with the date on which the vehicle ceased to be appropriately covered as is prescribed.]

(2) A supplement under this section— (a)

shall be payable by such person, or jointly and severally by such persons, as may be prescribed;

 

(b)

shall become payable at such time as may be prescribed;

 

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may be of an amount that varies according to the length of the period between—

(i) the time of a notification (in accordance with regulations under section 7B(1)) to, or in relation to, a person by whom it is payable, and

(ii) the time at which it is paid.]

 

 

 

(3) A supplement under this section that has become payable— (a)

is in addition to any vehicle excise duty charged in respect of the vehicle concerned;

 

(b)

does not cease to be payable by reason of the vehicle being again appropriately covered] after the supplement has become payable;

 

©

may, without prejudice to section 6 or 7B(2) and (3) or any other provision of this Act, be recovered as a debt due to the Crown.

 

 

(4) In this section— (a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

(b)

“prescribed" means prescribed by, or determined in accordance with, regulations;

 

©

“regulations" means regulations made by the Secretary of State with the consent of the Treasury.

 

 

(5) No regulations to which subsection (6) applies shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(6) This subsection applies to regulations under this section that— (a)

provide for a supplement to be payable in a case where one would not otherwise be payable,

 

(b)

increase the amount of a supplement,

 

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provide for a supplement to become payable earlier than it would otherwise be payable, or

 

(d)

provide for a supplement to be payable by a person by whom the supplement would not otherwise be payable.

[Bignayf86]

they have said that my log book is a legal document which supercedes the interpretation act. She told me that on the phone..

[Bignayf86]

Ok so update time, I received a letter from someone a bit higher up.. Mrs Chadderton. basically saying that i am still liable for it. I will scan the letter in so you can all read it! I am still not happy and have already found some points which there are some discrepancies(sp) with! I will draft the letter I want to send back on here too..

 

 

 

 

 

Thats their 2 page letter

 

And my reply:

 

 

Dear Mrs Chadderton

 

 

I am still not happy with the response you have given me. Please let me point out a few facts in this matter. You refer to the documents needing to be “delivered” to the Secretary of State and not merely sent. I will quote section 7 of the Interpretation Act 1978 which does indeed cover this:

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

In bold you will see that any other expression is used. Deliver is merely another expression. I have therefore fulfilled every obligation to send the necessary paperwork back to you, as soon as the letter was posted I have done everything in my power to get the document to you. I can ensure that it was posted before the road tax even ran out on the car in question.

You have also said that after looking at the recent record of M****X that no notification was made, please see enclosed with this letter a copy of the Acknowledgement Letter I received from yourselves. This must surely be a false allegation made by yourselves used as a bully boy technique to force me to pay an unfair penalty. The date of which this notice was issued is irrelevant to the “28 days of sending” as it is quite reasonable for documents to go missing in the post, especially when they are addressed to DVLA it would appear.

I still have some other points, but is there anything else you can see?!

Edited April 27, 2010 by Bignayf86

[ste1121]

i too had this. i scrapped my car on 19th July 2009 and on the 20th July 2009, i decared SORN online. I had an e-mail confirmation of this. The same day i sent my log book to the scrap yard (as car was scrapped in another area) and i told DVLA this but they insist they have no record. unfortunatly, i dont have the e-mail address anymore for personal reasons. SO im just going to have to pay it anyway = £80 out my pocket for a car i dont have

[Bignayf86]

Its a load of bull. I've got most of the paperwork and correspondance from start to finish so I will be fighting this all the way!

 

Ive just finished my Letter..

 

Dear Mrs Chadderton

 

 

I am still not happy with the response you have given me. Please let me point out a few facts in this matter. You refer to the documents needing to be “delivered” to the Secretary of State and not merely sent. I will quote section 7 of the Interpretation Act 1978 which does indeed cover this:

 

 

“Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.”

 

 

In bold you will see that any other expression is used. Deliver is merely another expression. I have therefore fulfilled every obligation to send the necessary paperwork back to you, as soon as the letter was posted I have done everything in my power to get the document to you. I can ensure that it was posted before the road tax even ran out on the car in question.

 

 

You have also said that after looking at the recent record of M73TVX that no notification was made, please see enclosed with this letter a copy of the Acknowledgement Letter I received from yourselves. This must surely be a false allegation made by yourselves used as a bully boy technique to force me to pay an unfair penalty. The date of which this notice was issued is irrelevant to the “28 days of sending” as it is quite reasonable for documents to go missing in the post, especially when they are addressed to DVLA it would appear.

 

 

I would also like to add that I find it highly irresponsible and unprofessional to find that the penalty was passed to two separate debt collectors! I have enclosed copies of letters from each of these for your reference.

 

 

You state the “crux of the matter” is for me to provide evidence to indicate the DVLA received a disposal notification to support my claim; this is simply not true. The only legal obligation I have to yourselves is to send the V5C back to you, filling out the appropriate part, which I have done.

 

 

This matter is still in dispute and it should therefore remain with the DVLA until it has been resolved properly.

 

 

Yours Sincerely

 

[buzby]

Did you sent the slip to the DVLA confirming scrapping? You cannot rely on scrappers in doing the paperwork. It doesn't affect them. and many can't be bothered.

[Bignayf86]

yes I did send the log book back, filled it all out appropriately, even before the tax had run out!

[ste1121]

in my case, the scrap dealer said they would do it to make sure its done and cus they cant do anything with the vehicle until they have a letter from DVLA confiming that the vehilce is theirs. Ive scrapped a vehicle before and that process was easy