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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • purple_rain
      DPD parcel stolen

      By purple_rain · Posted

      Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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      Friends LC Asset/Link Claimform - 2019 Barclaycard debt

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      Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

DVLA : Going to Court over No Car Tax - What Evidence Will they Provide ?

byrney

By byrney
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byrney

byrney

Posted
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Hi Everyone,

 

This is my first post, but would be really appreciative of some advice of what sort of evidence the DVLA will provide in court.

 

Essentially the DVLA are taking me to court for not having car tax, but what sort of evidence will they give to prosecute me. My car was stationary at a roundabout when the police got to the car after an unsuccesfull towing mission to get the car scrapped.

 

Will they look at motorway cameras for an offence like this ? Or will they be just looking at their database and using the police report ? This happened 6 months ago now, the car has been scrapped, but they are still taking me to court.

 

Any advice is much appreciated. Many Thanks

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byrney

byrney

Posted
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Hi, Thanks RayKay.

 

So they will base their evidence of me not having the vehicle taxed and it shows on their database ? They will also use the police officers ticket that found the car ? The reason I say this is, if they go through the video on the motorway cameras i dont want them trying to say i was towing illegally or try and get me for something else. my defence is that i was towing the car to get it scrapped which it was subsequently scrapped the following morning. i have now found out that i cannot tow it, but it should be on a transporter. the law is very unclear about towing and i was not to know about you not be able to tow an unlicenced car.

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buzby

buzby

Posted
Posted

If the wheels are on the road, then it needs to be taxed. It is unfortunate you were unaware of this, but you have some useful mitigation: (1) provide proof that the vehicle was scrapped the same day (an invoice or receipt), and a copy or reply of any letter to/from DVLA notifying the vehicle has been scrapped.

 

A court may tale a lenient view that it was the only way you could dispose of it, however if you have nothing to back this up, then your actions will be almost impossible to prove.

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byrney

byrney

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I actually called the police as soon as it happend to let them know. I have a phone record of this. However I couldnt get the vehicle picked up until the morning and let the police know of this in the telephone call. They still went to the car at 11pm at night and placed a ticket on it and notified the DVLA. The vehicle in the morning then got scrapped.

 

Is there anything else I can do to help my case. My new car now is fully insured, taxed and MOT along with a brand new drivers licence i had the pleasure of paying £24 for. Should i get a statement from the vehicle recovery firm to say i did call them the day it happened but they couldnt get to it until the morning ?

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Raykay

Raykay

Posted
Posted (edited)

It doesn't matter if the wheels are on the road or not, if the vehicle is registered it is required to be taxed, s1. Vehicles Excise and Registration Act 1994.

 

They won't worry about towing, motorway cameras etc, although they may mention the police report. The only matter the police would follow up regarding tax is 'failure to display' (which is different to no tax) but often they will just submit a report to DVLA of seeing an untaxed car and leave it to DVLA to take any necessary action for no tax .

Edited by Raykay
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byrney

byrney

Posted
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Ok guys thanks for clearing that up. I will just have to hope they will be lenient on me as I was trying to do the right thing. Now that I understand the laws regards towing and taxing etc I will make sure it will not happen again. I wrote a response letter to the court clerk saying i was very sorry and even offered to pay £200 if it was deemed i done something wrong. This was a week ago and I haven't heard anything. My court cased is on Tuesday of next week.

 

I could really do without getting £1000 fine before XMAS !

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buzby

buzby

Posted
Posted

It can be taxed OR sorned. If being scrapped on a loader, the charge can only be not declaring SORN as it is not 'on the road', but if the wheels ARE on the public road, then the requirement for VED is absolute. So it DOES make a difference.

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byrney

byrney

Posted
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It can be taxed OR sorned. If being scrapped on a loader, the charge can only be not declaring SORN as it is not 'on the road', but if the wheels ARE on the public road, then the requirement for VED is absolute. So it DOES make a difference.

So am I going to get hung, drawn and quarterd for this :-(

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sailor sam

sailor sam

Posted
Posted
So am I going to get hung, drawn and quarterd for this :-(

 

They will probably fine you the equivalent to how much out of date the tax was (back-dated). No doubt you will have to pay costs as well. The actual towing issue will be of no interest to the DVLA, it would be a police matter.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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byrney

byrney

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Thanks guys. this has been really helpful. Any advice of what to do when i am in the court room ? Be remorseful ? Sorry ?

 

3 years ago I got done for speeding on a motorway in dumfries, scotland and had to go before the sheriff, mr kenneth Barr who was notorious for being heavy with his punishments. Felt like I was getting tried for rape or something.

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Raykay

Raykay

Posted
Posted (edited)
It can be taxed OR sorned. If being scrapped on a loader, the charge can only be not declaring SORN as it is not 'on the road', but if the wheels ARE on the public road, then the requirement for VED is absolute. So it DOES make a difference.

 

It doesn't make any difference, although it doesn't affect the OP's case. The offence is No tax, even a vehicle on a low loader is required to be taxed unless it is SORN which is one of the exemptions in s.31B Vehicles Excise and Registration Act 1994. If it is not SORN it is required to be taxed even though it is not on the road. The requirement is having tax unless s.31B applies, if it doesn't apply the offence is 'no tax', contrary to s.31A of the same act - not 'not declaring SORN'.

Edited by Raykay
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byrney

byrney

Posted
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Went to Court today and didn't get fined !! I had to pay the back tax and £20 court costs. Im happy the matter is put to bed.

 

To add there were 5 of us there today in the magistrates all with DVLA related attendances. out of the 5 only myself and another had anything to pay. The cases were all dropped in the others. Complete waste of peoples time and money to get there. What makes it worse is the prosecuting officer for DVLA just seemed to pass it off as another one gone by, didnt really care as he knew he had another 15 - 20 cases coming in that day he might get a result in.

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byrney

byrney

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That's why it is imperative to go to court and not ignore the action, as a fine would have been applied if you hadn't.

 

completely agree. the magistrate even thanked me for turning up !

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