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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Road tax refund


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Hello all. I am in need of good advise.

I sold my car on 09/01/2015 with tax until end of April left on the car, which would mean I don't get January back.

But should get feb/ march/April back. Wrong because dvla have told me that because they did,nt receive the signed v5 back until 02/02/2015

I only get two months back. How wrong is this,

Now I know they would of received the v5 back we'll before the end of January because I posted it in good time. But because I did,nt send it recorded delivery,I have no proof.

What really makes me angry is the fact that the new owner set up a direct debit for paying the road tax in January. So in short,I feel that it is legalised theft for them to keep road tax for febuary twice,

I have complained to the refund section, and have now complained to the next stage,and basically my next stage is to go to the chief executive

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Wish i knew if i would win .if i did i would take them to court.hoping someone on hear can give me the answers and facts as the dvla should.nt be allowed to get away with this

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morally it is theft. legally it isnt. its another money making con from the dvla.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The refund is automatically given from the start of the month AFTER the dvla receive the completed V5 notifying them of the sale of the vehicle.

 

The new owner is expected to tax the vehicle from the start of the month they purchase it.

 

This means that the DVLA collects two lots of tax for the month where ownership is transferred. This is a 'nice little earner' for the government, and is effectively a 'tax' on vehicle sales.

 

This is not a new thing, it was the same under the old paper disc too. Sellers would try to sell near the end of the month and buyers preferred to buy at the start of the month, to maximise the length of time you could actually 'use' the tax.

 

Ideally, the system should also refund automatically if a new owner starts to pay for tax for the same vehicle, but it doesn't, because that would reduce the amount of money DVLA make from people who notify them late, and it gives an incentive for them to say the form was received on the 1st/2nd/3rd of the next month.

 

In short, there is nothing you can do about the double tax for January, that is 'built in' to the system.

You can always complain about February and the alleged late receipt of the V5, but without any proof of postage from yourself it will be almost impossible to get them to admit to any mistake.

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I don't care about January,it has always been the month you sell.someone looses, it's like if I decided to take my motorbike out of the shed today and tax it. I would loose from the start of this month. I know this, I know exactly how it is, but really,. New owner pays road tax the following month and the old owner does,nt get it bac because the dvla are behind and have processed it late

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That's why proof of postage/receipt is so important when dealing with any governmental organisation, and especially where money is concerned, because you can bet that someone will either try to get one over on you or cover their ass.

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