Section 29 offence of using/keeping a vehicle unlicensed.

[Musicgirl77]

Hi all

 

This is the first time I have posted on this forum but desperately need some advice.

 

In early March this year, I decided to buy a new car and after much research, I purchased a second hand vehicle from a local garage. I paid £6500 for the car - £3000 cash plus £3500 part exchange for my existing vehicle, and as part of the deal I negotiated with the garage, they also threw in 6 months road tax. I picked up my car on the day arranged, exchanged the funds, checked the tax disc was in the car as arranged and left.

 

I was happily driving around in my car for a few months believing all to be ok when on 22nd May I returned to my car after a day at work to find it clamped with stickers all over it stating the car was not taxed. I was horrified, particularly as the tax disc was showing quite clearly in the window of my car as being valid until Sept 2013! On investigation it transpired that someone had cashed the tax disc in online and that the tax disc showing in my car was not actually valid...I have no idea how someone was able to do this and it was something I was not aware of. The clamping company, VEAS, were very sympathetic to my plight as they could tell I was genuinely unaware that the tax disc was not valid, but as the car had already been clamped there was nothing they could do for me - I had to pay the clampers £260 there and then to have my car released and then go straight to the tax office the next morning and buy 6 mths road tax for my car. So in total I had to pay out £382, although I was refunded £160 back onto my card when it was confirmed I had paid for my tax.

 

I rang the garage I bought the car from and they were shocked. They insisted they knew nothing about it and after investigation they discovered the people they had bought the car from had cashed in the tax disc and had then sold the car to the garage 2 days later as still having 9 months road tax on it. The garage had acted in good faith by accepting this and then passing the car onto myself, but they immediately agreed to refund the money I had had to pay as they knew I was at no way to blame for what had happened and I received a cheque within a few days. At that stage I thought the matter was over and done with - all fines had been paid, my car was now taxed etc etc.

 

Imagine my surprise and concern this morning when I received a letter in the post from the DVLA stating that I had committed an offence under section 29 and that I have to pay £139 asap to stop me being taken to court!!! I will of course pay this, and then contact the garage I bought the car from to advise they will be reimbursing this further expense to me (which I have no doubt they will do with no fuss) but I work in the courts and am not allowed to have a criminal record in any way shape or form, and I am now very concerned incase this leaves me with some sort of record.

 

I would appreciate it if anyone could offer me any words of advice on a) If I will end up with a criminal record because of this and b) how I would go about appealing such a record.

 

Thanking you all in advance.

 

NB - I work in the courts but am not a member of legal staff and therefore have no idea about criminal records etc just that I'm not allowed to have one so please excuse my naivety with my questions!

[dx100uk]

this IS a dvla letter, not one from a spoofing DCA is IT?

 

i'd phone DVLA on Monday

 

dx

[Musicgirl77]

this IS a dvla letter, not one from a spoofing DCA is IT?

 

i'd phone DVLA on Monday

 

dx

 

It is definitely from the DVLA. It says aside from the fees levied by the clamping company I also have to pay this further fee as I broke section 29 or they will take me to court.

So angry! But thank you I just hope they will listen to me!

[ericsbrother]

unlicensed? Do you mean untaxed as in vehicle excise licence?

DVLA are really only after the money so when you pay up that should be the end of the matter. There is an adverse assumption written into all of these fines from the DVLA, that is you are guilty until you can prove otherwise so it is impossible to argue the point.

[renegadeimp]

Contact DVLA. They contract out the clamping.

[Kiki1]

I believe the DVLA will only refund far tax with the disc unless there are circumstances beyond control (destroyed by fire or similar, with proof).

 

Your issue is with the garage, regardless of their being unaware at the time of sale, mitigation means they should forward whatever loss you have incurred onto the previous owners. Get a solicitor experienced in this field to write them a letter on your behalf, including their costs.

[Raykay]

I believe the DVLA will only refund far tax with the disc unless there are circumstances beyond control (destroyed by fire or similar, with proof).

.

 

Refund with the disc - with form V14, without the disc - form V33. Which is what the previous keeper would have done.

[Kiki1]

The V33 is only available directly from the DVLA, which means they should have records of who requested it, and when.

 

The issue is still with the garage, as they agreed to put six months on the car as part of the deal. There is something not right with the detail over the nine months already on the car though.

[Raykay]

The V33 is only available directly from the DVLA, which means they should have records of who requested it, and when

 

 

And who they paid.