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Untaxed car that I thought was taxed


gavc82
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I have received a £80 fine for driving an untaxed vehice.

 

I had set up a direct debit on 1/11/14 and payments were successfully taken for November and December.

 

No payment was requested (according to bank) for Jan or Feb (plenty of funds available)

 

DVLA have not contacted me prior to issuing the fine asking for alternative payment. (in event of cancellation of DD this is there procedure)

 

I did change insurance provider midway through December, could this be the source of the problem?

 

I am reluctant to pay the fine as I feel I have done nothing wrong.

 

Any advice would be great

 

thanks

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If you can prove all that, then i would suggest appealing it.

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If you can prove all that, then i would suggest appealing it.

 

For proof all I have is bank statements showing funds were available and that the DD has not been cancelled. Do you think this would be sufficient for a successful appeal?

 

Thanks for your reply

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Maybe ask the bank if the dd is still active and if not, who cancelled it

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Maybe ask the bank if the dd is still active and if not, who cancelled it

 

The bank have confirmed it is active but I cannot really get proof of this. Seems to be a problem at dvla side but no one will actually discuss it over the phone they just want payment. All disputes must be done in writing.

 

I am concerned if I go into dispute by the time they get back to me the deadline for paying the fine will have passed

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For proof all I have is bank statements showing funds were available and that the DD has not been cancelled. Do you think this would be sufficient for a successful appeal?

 

Thanks for your reply

 

I don't see why not. I'd be fighting this all the way.

 

So I take it the car still isn't taxed?

 

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This surely is yet another problem caused by the latest money grabbing idea from DVLA. Surely being able to buy a car with its tax intact was a good thing? It allowed a vehicle to be bought and driven away with just a call to the insurer, not now of course. That's to say nothing of all that lovely revenue they get for nothing!

 

 

If the vehicle had been taxed in a post office with a disc to put in the window, this thread would not exist would it?

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This surely is yet another problem caused by the latest money grabbing idea from DVLA. Surely being able to buy a car with its tax intact was a good thing? It allowed a vehicle to be bought and driven away with just a call to the insurer, not now of course. That's to say nothing of all that lovely revenue they get for nothing!

 

 

If the vehicle had been taxed in a post office with a disc to put in the window, this thread would not exist would it?

 

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To tax you car you must have valid insurance and MOT (if required) it seems that the DVLA system cannot claim the DD if one of these is not in place at the time of the DD being called.

 

 

I can see this as being an ongoing problem with paying your car tax by monthly DD. If your MOT expires on the same date as the DD is called then your tax is not renewed. Same goes for the insurance, if you change providers then the details may not get to the database before the DD is claimed therefore the DD is not claimed.

 

 

A massive money making exercise by the DVLA, as well as paying more car tax by paying monthly, you stand a chance of being fined for not having it because their system cannot collect the DD if you have no insurance or MOT.

 

 

I think you will need to prove the following

1. MOT was valid at time DD should have been collected

2. Insurance was in place when DD should have been taken

3. DD was active on date it should have been taken

 

 

You will probably not be the first (or last) person to be caught out by this.

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  • 7 months later...

I sent copies of the stuff and a screen print out showing that the DD was still in place, they sent me 2 letters saying i had 2 different fines and they were happy for me to pay the fines.

 

Wtf should i do now???? If i could afford the fines i could have paid 1 yr road tax in 1 go rather than dd

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I'd say, if you have proof that the car was MOT'd and insured and that the DD was active but not called, tell the DVLA that they either cancel the fine(s) or that you'll see them in court.

 

A letter, something along the lines of...

 

Dear DVLA.

 

As I have previously (told/proved to) you, the vehicle index XXXX XXX was on the date and at the time in question both properly insured and MOT'd and that the Direct Debit(s) as set up with my bank were in place, active and the accounts had the funds to pay available. The fault for my vehicle being untaxed lies squarely at the doors of DVLA Swansea.

 

I hereby invite you to either cancel the fine(s) that you have imposed upon me for your own mistakes or take me to court where I will be more than happy to prove to the magistrates that this is entirely your error.

 

Yours

 

Recorded Keeper.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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