DVLA offence report ALLEGING my unlicenced vehicle parked on road.. PROOF?

[h00vertime]

recieved this letter from DVLA alleging my car was parked on the road untaxed. the letter states i have to pay eighty pounds. i never recieved a ticket or saw one on my car. they havnt sent me any proof that my car was even there or any pics.

 

should they not have to prove this?? where did the offence report come from??

[crem]

Was it or wasn't it then?

[BazzaS]

They should have to prove it, and you can make them have to do so in court, if you deny the offence.

 

Was your car on the road, untaxed?

 

If so, pay up.

If not, don't pay and elect for it to go to court, where you can have the evidenced tested in court. Be prepared for a higher fine and a criminal conviction from the court if guilty, though.

 

So, again:

Was your car on the road, untaxed?

 

Edited : crem has also posted, but more succinctly!

Edited July 26, 2013 by BazzaS

[renegadeimp]

Was it sorn? If not and it hwd no tax, the dvla assume it is on the road with no tax.

[BazzaS]

Agreed, renegadeimp : OP should only go to court if:

A) it wasn't on the road, and

B) it had had a SORN' declaration sent,

 

else they are doomed to fail either for no tax, or no SORN.

[h00vertime]

maybe

[h00vertime]

iv scince sold the car for scrap. well i just gave matey the v5 and he gave me the money. im not supposed to have done anything else am i??

[Raykay]

At the time, was your car on a public road or not? If it was, you are liable, if it was not, you are not liable.

 

If you disposed of the car to an authorised scrap dealer, they give (or send) you a certificate of destruction and notify DVLA that it has been scrapped.

[BazzaS]

If it wasn't on a public road but wasn't either taxed or SORN'd : an offense has been committed.

 

From the OP's reply of "maybe :(", I take it the OP is no longer as indignant as their original post suggests?

 

How dare the DVLA accuse you of, well, something you now accept you may have done!

[h00vertime]

yes ok i boobed. it was parked outside my flat on the road at the alleged time. i wasnt going to tax a car that i was going to scrap imminently.

 

i was just trying to see if i could get out of it. who wouldn't?

 

iv just got bk from ship today (im in the navy) and found an earlier for failing to tax asking for $80 reduced to $40 if paid by the 27th (tommorow) but the telephone lines arnt open on a saturday!!

 

is there no way to pay online?! you can buy a tax disc online.

[Kiki1]

yes ok i boobed. it was parked outside my flat on the road at the alleged time. i wasnt going to tax a car that i was going to scrap imminently.

 

If it was left on the road for a predetermined time for collection by the following service then I believe this counts as ownership change. (at least that is what our local council notes allude to on vehicle collection/disposal by the UVC). And you are also providing the emergency services with test equipment which could save lives.

 

http://www.unwanted-vehicle-collection.co.uk/about.html

[Raykay]

If it was left on the road for a predetermined time for collection by the following service then I believe this counts as ownership change. (at least that is what our local council notes allude to on vehicle collection/disposal by the UVC). And you are also providing the emergency services with test equipment which could save lives.

 

http://www.unwanted-vehicle-collection.co.uk/about.html

 

 

It is the person who left it there, not necessarily the owner, who commits the offence.

[renegadeimp]

If a car is left on the road without tax, then the police/DVLa/whoever will go after the registered keeper and ask who the owner is. If they dont get an answer, they go for the RK. Trust me, i had a massive battle with the DVLA 4 years ago for this kind of thing. They dont want to hear excuses. They know the car was on the road with no tax, so they just see money signs.

 

Thats why they brought in SORN. On one hand it gives them less admin stuff to do, as their computers will automatically send out the "fines", on the other hand it is a HUGE money maker for them.

[Raykay]

It is 'the person' who commits the offence if they use or keep an unlicensed vehicle, not necessarily the owner or registered keeper - s.29, Vehicles Excise & Registration Act 1994.

 

However there is the offence of being the registered keeper of an un-licensed vehicle - s.31A of the same act.

[crem]

iv scince sold the car for scrap. well i just gave matey the v5 and he gave me the money. im not supposed to have done anything else am i??

 

Yes you should have done something else! It is the responsibility of the current RK (you) to notify the DVLA of a change of status on the vehicle.

 

If you sold it to a person, you give them the completed section 10 (green slip V5C/2) and send the entire remainder to the DV:LA duly completed with new keeper details.

 

If you give/sell it to a garage or dismantler you give them the majority of the V5C and send the section 9 (yellow slip V5C/3) to the DVLA.

 

Until the DVLA are correctly notified of this change of keeper using one of these authorised methods then I am afraid you will remain responsible for any fines the vehicle is due.

[DaveyBT]

Yes you should have done something else! It is the responsibility of the current RK (you) to notify the DVLA of a change of status on the vehicle.

Don't forget to keep a copy of whatever you send and either get a Certificate of Posting or send it "Signed For" or Special Delivery to minimise DVLA opportunity to say that you never sent it or that they never received it (it won't stop them trying, however - they've even been known to claim that people send them empty envelopes to claim that documents were sent etc).