DVLA Tax ***Resolved***

[Jeff64]

I sold my car to a friend on 31/03/19 and he taxed it straight away for the 1st April.

 

I couldn't stop the DD for DVLA coming out first thing Monday morning (bit slow) £47.25.

 

Anyway wrote to DVLA for refund , they said they couldn't return any money for a part month of Tax even though this not true , allowing for a notification period ! mind you the new owner Taxing the car should have been the notification.

I disagreed with this because DVLA had had the new owners money straight away. I applied for a refund through my bank on the direct debit guarantee scheme and got it.

In the meantime I have had a letter from DVLA enforcement for me to pay the money even though I was not the owner and no lapse in Tax has occurred.

It seem quite clear that DVLA are using the vehicle Excise & Registration Act 1994 as a back door to making more money out of tax paying consumers !

 

Any legal thoughts ? Should I hold out and go to Court ?

 

 

[AndyOrch]

Cancel your vehicle tax by telling DVLA you no longer have the vehicle or it’s off the road. You get a refund for any full months of remaining tax.

 

https://www.gov.uk/vehicle-tax-refund

[Jeff64]

Yes but they are saying by there rules that I am still liable for a car that's no longer mine and want double tax !

 

[Raykay]

It depends when the DVLA change the  keeper details, if it is after the first of the month, the old keeper will still be liable for that month, a new keeper will also be liable for that month as they are the registered keeper for their part of the month.. Vehicle licensing duty is a monthly matter, any part of a month counts as the same month for both.

[Jeff64]

Yes DVLA are saying on the 02/04/19 so I am liable for the month , however as I mentioned the new keeper paid the Tax on the 1st April so DVLA were aware (or should have been) that there was a new keeper.

The V5 signed by both buyer and seller confirm this , so in fact DVLA are getting 2 times the payment due.

Further as the Department has nor sustained a loss , has anyone tested in Court ?

thanks JP

[Raykay]

Vehicle licensing has always been on a monthly basis, not a daily basis. Refunds are only made for complete outstanding months. You were the registered keeper for part of the month covered by the licence and so no refund is due to you for that month. When a new registered keeper takes out a licence part way through the month, that will also be for that month.

[ericsbrother]

so 1st of the month is still part of that month. Should have gone for the 31st march as transfer day

[Gick]

The ideal way would to SORN at the end of the month (assumes an off-road storage for a few days, then transfer ownership beginning of next month. That way the maximum prepaid tax will be returned and the least lost tax for the new owner/keeper.

[Jeff64]

Thank you for all your replies.

 

The transfer date was the 31st March, DVLA are saying they only give Tax back from the date they receive V5 .

 

You have to therefore rely on the post office to deliver ! Another person has told me to show DVLA the bill of sale I drew up with the new buyer as it proves I was no longer the owner and therefore not liable for Tax ?

 

thanks again.

[Raykay]

The registered keeper (who may or may not be the owner) is responsible for licensing the vehicle.  As you were the registered keeper for part of that month (until the DVLA changed the registered keeper), you are liable for licensing the vehicle for that month.

Edited September 23, 2019 by Raykay

[Gick]

Precisely why I suggest Sorning at the end of the month as it can be done online and is instantaneous!

[Jeff64]

Dear Gick , yes you are quite right.

 

It seems unfair that as the new keeper paid the Tax on the vehicle straight away on the 1st of April that DVLA are making twice the amount of Tax  as due ?

 

Thanks

 

Jeff

[Jeff64]

Beat the DVLA

 

Great news DVLA seem to have accepted my explanation of when I sold my car "on this occasion no further action will be taken on this case".

 

Was worried about this was prepared to go to Court but would have faced Government Barristers , was about to just pay up and move on. But in the end the little person won and The Department seem to accept the reasonable understanding that it is wrong to expect 2 months worth of TAX and wasn't prepared to risk this in Court ....think they have had a bad week already with Boris.

 

Best advice is what GICK said above and SORN your vehicle.

 

Thanks for all the help and support 

 

Jeff

[Gick]

[AndyOrch]

Well done thread title updated.

 

Andy