Huge fine from DVLA can I appeal amount

[Manxdude]

Hi all,I've read lots of DVLA threads with interest,and came to the conclusion (removed)

 

That said,here's my story and question.

 

I had a sorn on my campervan since Sept 2014 and had it parked on my private driveway since,apart from recently,and so my tail of woe begins.

 

After several requests,soon becoming pleas from my wife to do something about the pretty untidy area in front of the house,including the drive,I finally decided to get it all monoblocked,so of course I had to move the camper of it.

 

I moved the camper parking it right in front of my house (a quiet street and not a main road) and the work began (27 July 2015) and was finished by the 30 July. And a lovely job was done .

 

Unfortunately I couldn't return the camper to its original place straight away,as a manhole had been rebuilt,and in order to park on the drive I had to drive over it,and as the camper weights 3.5 tons I was advised to give the new concrete 10 to 14 days to fully harden (concrete takes 28 days to fully cure).

I went to move the vehicle back on the 15 August , it was only then I noticed the "you've been reported to the dvla for enforcement" sticker on the side window. Ho dear thought I,there's a £80 quid fine,although cheesed off,I was that happy with the new drive,and the wife's new found respect for me I just shrugged it off.

 

On the 18 August I received said fine of £452...... to say I was gob smacked would be an understatement !

 

Also they said the vehicle was reported on the 14 August, the letter (fine they sent)was dated 18th ,received 25th August.....and said "I had not responded to their first letter" and was headed reminder..this was the first letter I got from them.

 

I wrote to them (registered post)explaining the situation,providing pictures,builders contact details and prove (as best I could) that the vehicle is normally always on the drive.i also explained (as proved by the dates) that the so called reminder was the first letter I received from them. (I mention this because I wondered if because they thought I ignored the first (none existent ) letter,is why the fine was so hefty)

 

I received their reply on the 8th sept (although letter dated 3rd) saying, thanks for your enquiry,we've considered it,but can find no reason to alter the original decision, pay up or else.....basically

 

So my question is , is there any way to appeal the amount as it seems very excessive ?

. The tax for a year is £260 yet there looking to fine me almost twice the amount...don't figure...

 

I have till the 20th of Sept to pay the fine, "to avoid court action",and they are" unable to accept instalments "

Their attitude makes my blood boil.......

 

Any how any info or advise anyone can give me, would be much appreciated, thanks for taking the time to read this rather long post..

 

Cheers

 

Manxdude

[SabreSheep]

Owch, so you wrote to them and admitted in writing that you kept an unlicensed and SORNED vehicle on the public highway while works were carried out?

Avoiding Court action now is your priority...

[Manxdude]

Owch, so you wrote to them and admitted in writing that you kept an unlicensed and SORNED vehicle on the public highway while works were carried out?

Avoiding Court action now is your priority...

 

Yep I did admit it in writing, on hindsight not the wisest move...but I'm an honest guy who made a genuine mistake and broke the law due more to ignorance than intent,and all though ignorance is no defence,I felt the circumstances do not justify the fine amount,I drove no more than 3 meters,twice...and yes public road all be it a quiet one,a road I pay towards maintaining,even though it like most roads in the UK are very badly maintained....ops I feel that blood boiling again.....deep breath and relax..ahhh that's better

 

I fully intend to avoid the courts as I know legally I don't have a leg to stand on, but was keen to know if there's any procedure to appeal the fine amount

 

Anyways thanks for the advice and taking the time to answer my post,

[Old Cogger]

Contact the dictatorship - i.e. your M.P.

[SabreSheep]

related issue thread albeit 2010

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287626-DVLA-Fine-untaxed-vehicle-on-public-road-what-else-can-I-expect

 

the following link goes to a pdf document regarding enforcement. it may not be the latest.

 

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CCEQFjAAahUKEwiF_NaZ6OnHAhUBchQKHauYC1o&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F403029%2FVehicle_Enforcement_Policy_Table_1__revised_.pdf&usg=AFQjCNHsr0jiV2H7dd9QOsbIRrLT6I0rSA

 

Your only real option is to check whether the amount they are charging you fits with the most recent up to date enforcement rules. Make sure you are being "charged" according to the appropriate offense as well.

[Manxdude]

Contact the dictatorship - i.e. your M.P.

 

Already on the case,the mp offices are just up the road

 

Thanks for the suggestion

[Manxdude]

Thanks for links sabresheep, I've looked at them,and seems the amount offered as OCS is what is in the guidelines.

And the other link was a guy who had very similar circumstances ,and got shafted.

I think the OCS should be based on individual circumstances, ie if actually driving on main road would be a higher fine/OCS than if parked outside your own house....

 

Looks like I will have to bite the bullet pay the fine/ocs and hope it doesn't make me bitter lol......

 

Will be interesting to see if my local MP will do anything about it, but I want hold my breath or expect to much as there's nothing in it for him, no expenses to be claimed,free trip or wage rise so why should he bother ......grrrr and breath......

[Conniff]

If you can't afford that amount in one go, they have to take it via payments. If that is the case, then write to them again with a monthly offer.

[Manxdude]

Cheers for that Conniff....

 

Fortunately I can afford it, but there's been a time in my life it would have caused me terrible financial hardship, and I can't help thinking that it could happen to anyone on the bread line,and the dvla attitude doesn't even allow for that possibility they just want their extortion money,and never mind your circumstances....its legalised racketeering and is an absolute disgrace .....and so blatant, at least Dick Turpin had wore a mask when he robbed someone

[Tony P]

If trying to negotiate an out of Court settlement, bear in mind that DVLA have a great incentive to settle as they would receive all of the settlement. If it goes to Court, a fine goes into Government central funds, not DVLA who can only claim actual costs.

[Manxdude]

If trying to negotiate an out of Court settlement, bear in mind that DVLA have a great incentive to settle as they would receive all of the settlement. If it goes to Court, a fine goes into Government central funds, not DVLA who can only claim actual costs.

 

That's interesting,thanx for info