Jump to content


  • Tweets

  • Posts

    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
    • Letter received from Cabot - "Unfortunately  do not have relevant information on file" Requesting from original lender. Will write within 12 days with an update. Requesting I get in contact to make a plan. Suspect they will get a CCA from Lloyds so ned to think of how to proceed if they do supply one.  Lloyds did cancel the credit card and accepted £5 per month and no interest. Do not want to pat the DCA.
    • £18 billion on PPE instead of £3-4B max £22 billion on trace a test instead of about £2-3 at most as in other countries for doing better £500 million on eat out to spread the virus instead of 150M to feed kids and support local businesses   Thats £35+ billion in taxpayer money wasted    
    • Sorry but I don't necessarily agree with my site team colleague above. I'd like to see diagrams and understand the situation fully before making a judgement. I've been asking for a diagram since Thursday evening – and I'm still not sure why we don't have one. I understand that the van was pulling out from a parking position.
    • the van was stationary when hit..... sorry end of the matter.   it doesn't matter he p'haps  'did something wrong'  its like say running a child over and saying well if he didn't run in the road he wouldn't of got hit.... you should not have been driving in a manner be it legal or not, whereby you could not take the necessary actions to avoid it.   so where do you now stand, what is not resolved to a manner which you feel this is unfair to you...
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies
  • Recommended Topics

Unable to pay tax online or over phone. Car Clamped ruined Christmas


Please note that this topic has not had any new posts for the last 1422 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Bought car on evening of the 7th December.

Car insured at dealership.

Attempted to tax at dealership but website wouldn't allow.

Drove car to gf's home and tried online unsuccessfully again a few times but thought must be a site issue.

 

8th left car parked and commuted to work.

Tried website but still not able

called DVLA number and attempted to pay online.

Was told i would have fill out information at post office.

Finished work after post office closed.

 

Had leave gf's house early next day for 2 week holiday before Post office opened.

 

Returned to UK on 24th late afternoon to find car clamped with local council enforcement insignia and clamping company information but no explanation of reason.

 

 

All telephone numbers went to voice mail.

Paid clamping fine through online service.

Rang every number and organisation i could throughout night.

No one could explain reason or remove clamp.

 

Stuck alone in gf's house

- she was with family on other side of country-

No food, freezing and missed all family Xmas duties with my grandparents who are 90+ years old and whom i am a carer of due to no trains running.

Car remained clamped until 29th!

 

Took visit to Local county enforcement office and then long wait and conversation with Local Council to determine DVLA had issued clamp.

 

6 Weeks later received further fine from DVLA.

Written long letter to explain situation, circumstances and overly distressing punishment for £30 tax i had on numerous occasions tried to pay.

 

Fully expect to get generic letter saying it was my fault.

 

If so intend on going to court or arbitration.

Does anyone have any advice or experience of court process?

Edited by Sadface
Link to post
Share on other sites

No excuse. It was not taxed, and parked on the public highway.

Clamp was then applied and you paid to have it released and taxed the car.

You then received a fine for having an untaxed car on the public highway.

Pay the fine, move on, and remember to tax the car.

Link to post
Share on other sites

Whilst the above advise is brisk, it is correct. you either have to have a car taxed for it to be on the road (and that includes driving it from the garage to your girlfriends place -no excuses) or you have parked on private land, declare it on SORN and do not use it until it is taxed.

 

Pay the fine, learn from your mistakes and move on with life.

It is easier to enter a rich man than for a camel to pass a needle

Link to post
Share on other sites

because it is not their car any more so they dont care.

 

This is one of the nightmares with the new tax system, effing nigh on impossible to buy and tax a car straight away, you have to buy it and go back a week later to collect it when the company know it is taxed and insured.

 

 

problem for teh customer with that is what happens if the car sales people go bust or damage the vehicle in the interim?

 

 

Wandering slightly off topic I know but just letting OP know that I have some sympathy but that doesnt change the law nor offer any help to his current situation.

Link to post
Share on other sites

Thanks for opinions on my scenario. As a matter of principle I would rather go to court and fight with prospect of a larger fine than just roll over. I may bring a case myself to a small claims court.

Link to post
Share on other sites

Why couldn't you tax your car?

Did it have insurance, a valid MOT and were you in possession of the green New Keeper Supplement of the V5C?

If so you should have been able to tax online.

 

If the system was down you still had chance to tax at the PO.

The fact you didn't (regardless of the reasons) wont wash with the courts,

and you will lose and just end up with more expenses to deal with.

Link to post
Share on other sites

As stated in OP:

-The online system would not allow me to tax the car.

 

-It had a valid MOT, I insured the car at the dealership and had possession of new keeper supplement.

 

-I could not however register tax online at either the dealership or at home.

I was not getting a answer why,

the page just sending me to the start of the process again and again,

I confidently expected the system was down/ under Ddos and would be sorted by the next day.

 

-I went to work early- pre 7am- and tried again around 2pm on the online system to the same result.

 

-It was at that point I called the DVLA phone line and was told I would have to go into a post office to tax but with no explanation as to why the first and second payment methods were not working for me.

 

-Thus the system was not down as a whole but just not accepting the valid registration details i was giving.

 

-Lastly I couldn't leave work until after 6pm and thus could not have gone to the PO that evening or before my early flight the next morning.

 

You are probably correct and a court will rule against me.

However any time, costs and fines will be worth the knowledge that my children will know their father was not the type of man just bend over and take what ever punitive, disproportionate and arbitrary decision a Government department makes.

 

I will also have the opportunity to address a supposedly impartial judge who can make a decision on a cases merit and extenduating circumstances.

 

Indeed if more motorist were willing to fight their case in the courts the DVLA would perhaps reconsider their revenue raising policies as no doubt their lawyer fees would be crippling.

Edited by Sadface
Link to post
Share on other sites

Hardly punitive, arbitrary and disproportionate. You knew that you would be going on holiday, you knew that you had to insure, MOT, and tax a car, and yet you still went ahead and bought it knowing you had less than 36hrs to complete this. You know that it is an offence to drive an untaxed vehicle on the public highway.

 

It makes no difference that your working day appears to be about 12hrs long, you have a lunch break, no?

 

As for lawyers' fees, well, *we* pay them via our taxes...

Link to post
Share on other sites

dont be silly. Neither will get you anywhere.

Thanks for opinions on my scenario. As a matter of principle I would rather go to court and fight with prospect of a larger fine than just roll over. I may bring a case myself to a small claims court.
Link to post
Share on other sites

["Hardly punitive, arbitrary and disproportionate. You knew that you would be going on holiday, you knew that you had to insure, MOT, and tax a car, and yet you still went ahead and bought it knowing you had less than 36hrs to complete this"

 

Thanks for your -limited- 'thoughts' Woad.

 

Yes I did know I was going on holiday soon after.

 

I also knew the car had a current MOT, insurance was a five minute call to sort AND car tax was a simple couple of clicks on a computer or smartphone.... Except it WASN'T! I tried that IT DIDN'T WORK and by the time the test drive and haggling was over it was after 7pm so I couldn't call the DVLA cause they were CLOSED.

 

You are correct I do work a long shift often over 12hours with another 2+ train bus commute (which how I pay my *tax*). If you actually read what I wrote I didn't call till after 2pm so my 30 minute lunch break- spent at my desk- was already over.

 

Its not punitive to charge £200 plus for a £30 tax fee?

Its not arbitrary to fine someone without checking their own system to see whether the offender had actually tried to pay repeatedly?

It's not disproportionate to have your car clamped for 5 days AFTER you paid to get it unclamped?

It's not total overkill to ruin someones Christmas for £30 pounds in taxes?

 

If you and your ilk still say no I suggest next time you go 4 miles over the speed limit (with not demerit points on your license) imagine you were to lose your car for 5 days. Or the next time you didn't indicate off a roundabout you were stopped from seeing your sick son for 4 days and given a massive fine.

 

Would you just bend over and take it??

 

Probably yes

-and that rather than Brexit, Trump or Mike Ashley is whats wrong with our society.

Government agencies such as the DVLA should be working for us- citizens/ taxpayers -and we should be holding them to account when they over-reach, overcharge and act without fear of resistance- rather than acting as unpaid jobsworths and cheerleaders on their behalf.

Edited by honeybee13
Personal insults removed.
Link to post
Share on other sites
["Hardly punitive, arbitrary and disproportionate. You knew that you would be going on holiday, you knew that you had to insure, MOT, and tax a car, and yet you still went ahead and bought it knowing you had less than 36hrs to complete this"

 

Thanks for your -limited- 'thoughts' Woad.

 

Yes I did know I was going on holiday soon after.

 

I also knew the car had a current MOT, insurance was a five minute call to sort AND car tax was a simple couple of clicks on a computer or smartphone.... Except it WASN'T! I tried that IT DIDN'T WORK and by the time the test drive and haggling was over it was after 7pm so I couldn't call the DVLA cause they were CLOSED.

 

You are correct I do work a long shift often over 12hours with another 2+ train bus commute (which how I pay my *tax*). If you actually read what I wrote I didn't call till after 2pm so my 30 minute lunch break- spent at my desk- was already over.

 

Its not punitive to charge £200 plus for a £30 tax fee?

Its not arbitrary to fine someone without checking their own system to see whether the offender had actually tried to pay repeatedly?

It's not disproportionate to have your car clamped for 5 days AFTER you paid to get it unclamped?

It's not total overkill to ruin someones Christmas for £30 pounds in taxes?

 

If you and your ilk still say no I suggest next time you go 4 miles over the speed limit (with not demerit points on your license) imagine you were to lose your car for 5 days. Or the next time you didn't indicate off a roundabout you were stopped from seeing your sick son for 4 days and given a massive fine.

 

Would you just bend over and take it??

 

Probably yes

-and that rather than Brexit, Trump or Mike Ashley is whats wrong with our society.

Government agencies such as the DVLA should be working for us- citizens/ taxpayers -and we should be holding them to account when they over-reach, overcharge and act without fear of resistance- rather than acting as unpaid jobsworths and cheerleaders on their behalf.

 

You might garner a little more sympathy had you not also added the following

 

"Either your just a DVLA troll, a grumpy the 'laws the law' robot or an imbecile. Probably all three."

 

And all of the above is nothing more than a strawman to distract from the FACT that YOU drove an untaxed vehicle on the public highway after buying it, and then left it - untaxed - on the highway.

 

YOU are the author of your own misfortune, no one else. DVLA fine people for having untaxed vehicles on the road, its called 'enforcement'; without enforcement, no would pay the tax. Don't get me wrong, I think we are taxed too heavily in this country, and VED is an insidious tax that doesn't directly benefit the motorists who pay it.

 

DVLA troll? Yeah ok, why on earth would DVLA be 'trolling' these forums. Tell me, why do you assume that someone who has a contrary opinion to yours must work for DVLA?

A grumpy robot? See above

An imbecile. Ah yes, lets resort to ad-hominen attacks. An imbecile because I disagree with you. Well, I'm not the one with a £200+ fine, a clamped car, and a ruined Xmas.

Link to post
Share on other sites

Woad,

 

I apologise for the last sentence of my previous post. It was rude and unbecoming. I certainly will not use those comments when I go to court.

 

However, your comments have previously have included as much sympathy as a slap in the face with a wet Mackrell. My posts haven't sought to garner sympathy rather provide a accurate account of a unfortunate, and I think unfair, series of events. What I wrote last night suggested you and others see whether you could relate to draconian measures of a similar nature imposed on minor violations.

 

Tax does need to be paid I totally agree. I'm furious because I wasn't able to using the DVLA's own systems (online, over the phone) - the only two options given on their own website. A fine of double the tax amount seems proportionate no?

If you don't pay council tax one month you're not fined 5x its value and unable to access your home. You are given a warning letter. Why is the DVLA's tax more worthy of such grand fines and actions than others?

It is your unwavering obedience to DVLA's money grabbing that makes it seems as though you are trolling. I'm all for people disagreeing but a, "computer says no" cough, attitude is exactly the type of person that would do well within such a organisation.

 

If you really think the punishments and hardships I've had due to unpaid a £30 tax were "Hardly punitive, arbitrary and disproportionate." I honestly have sympathy for you and your lack of empathy.

 

Perhaps I am an imbecile. I think I'd rather be a imbecile with principles and resolve than a wise man with no compassion. Rather than the straw man argument its a case of our choices to be either the tin man who walks tall or the cowering lion.

 

All the best for the Easter holidays I hope you are able to spend it with loved ones.

Edited by Sadface
Link to post
Share on other sites

Guys, can we agree to differ here please?

 

I can see that you're both entrenched in your views, but CAG is not here for a slanging match. Sadface, if there is advice you don't like, then please feel free to ignore it.

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

My car has been off the road being SORN.

Took out a new insurance policy yesterday, went to tax online and was declined.

DVLA updated overnight and taxed online this morning no problems

 

You just have to wait for DVLA to update overnight with Insurance, MOT etc

Link to post
Share on other sites

I bought my car in June last year and there were 4 days between buying it and picking it up

 

They gave me a photo copy of the registration document so that i could tax it before i picked it up

 

So i taxed it the day before before i insured it, You can do that now when buying a car

Link to post
Share on other sites

Sorry, been through this when taxing my car on line the other day. They will not tax without a current MOT or insurance policy in place that will be already listed on the DVLA database.

 

If the car has been sold to you it no longer belongs to the dealer, and if already taxed that tax is non transferable to a new owner

Edited by obiter dictum
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...