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SJP letter from courts - Car tax fine


notodebt

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Afternoon all

Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax 

brief outline.

Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24

Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,

this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed. 

Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good.

I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing? 

Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68.

It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend.

My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA.

I am happy to defend this and go to court but wondering what CAG members think?

In summary

I paid an initial amount of £68 and then a DD of £31 , tax cancelled 

I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank.

DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out .

The second DD set up has extended payments up to Feb/Mar 2025.

DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown.

Is this defendable ?

I will post up documents including the original DD conformations 

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You have of course checked the car is now taxed and the £68 is stated against  the same reg? 

If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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HI DX

Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared.

When responding to the court claim does it need to be in specific terms ?

Or laid out in a certain format?

Or is it just a case of putting down in writing how I have explained it on CAG?

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its SJPN you simply fill the form in pleading not guilty.

you will then be sent a later court date by letter to appear at your local magistrates court or the DVLA will might even drop the whole case.

if you want ,fill in the small section of the form too, simply stating that payment for said road tax was cancelled and latterly reclaimed as a new DD was already in place. hence i double paid for said disputed period of the claim.

just to be 1000% sure.

please scan to PDF the page that states what you have been summoned for. 

read upload carefully 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did you not receive their letters.?

On the 02/O5/2024 you were Issued a Statutory Notice voiding the licence 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Did not receive any previous letters just the SJP one 

Does this mean my driving licence is void now? 

If I go to court to defend my claim and will my licence be unrevoked automatically?

I've completed a draft copy to defend and will post up here for review. 

Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea.

now stuck with pending court action and a suspended licence .

I am also firing off a letter to DVLa recorded disputing the licence revoke

I disagree with the charge and also the statements sent.

Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024.

I also disagree with the statement that tax was dishonoured through invalid indemnity claim.

I disagree that the licence be voided

I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024.

The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit using my debit card on my behalf.

£62.18 was the initial payment on 8.2.24 and £31 per month thereafter the second payment was 1.3.24.

This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before I took the car away

After checking one of my vehicle apps I could see the vehicle was showing as untaxed, it later transpired that DVLA had cancelled my tax, without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when.

The original payment of £62.18 had gone through and verified by my bank Lloyds this payment was not declined.

I then set up the direct debit again straight away at my local post office branch on 15.2.2024, the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan,

Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled .

I have checked my bank account at Lloyds and every payment since Jan 24 up to date has been taken with none rejected as follows:

8.2.24 - £62.15

1.3.24 - £31.09

2.4.24 - £31.06

1.5.24 - £31.06

3.6.23-£31.06

I have paper copies of the original DD set up conformation plus a breakdown of payments per mont , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.

I can also provide bank statements showing each payment to DVLA

I also ask that my licence be reinstated due to the above

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as with some of your threads in the past. you are not reading things carefully and understanding things properly by going off on assumptions.

not sure where you are getting your driving licence is being revoked from? nowhere do they use that word.

nothing to do with it.

vehicle excise licence. (Road Tax), a VEL cannot be revoked only voided.

you are also wrong and nowhere does the DVLA state they cancelled the DD

6 hours ago, notodebt said:

Looking over the dates and payments this all stemmed from DVLA cancelling in Feb

the court summons clearly states in the DVLA statement:

Quote

An initial statutory notice was issued to the defendant, at: (Which address is this, is this your current correct address?) • • requesting the outstanding balance of £62.15 for which payment was not received. The defendant was the registered keeper for the licensing period

it was your cancelling/reclaim of the DD on 15-02-2024 that caused this, NOTHING to do with the DVLA, they did not revoke the VEL.

as they received no payment, on 02.05.2024 the VEL was Voided.

it appears you have got the new DD setup wrong to the wrong DVLA account/ref number/VEL number.

they have not received the payments to the correct VEL.

i would be ringing DVLA and finding out where these payments are on their system and get them attributed to the correct VEL.

that should solve the problem.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX ,

true I was reading it as my own licence when I can now see it is the VED thanks for the clarification.

As for the payments that does make sense and I will give them a call today.

I have to watch the date as I have 21 days from the 29th May to respond to plea of guilty or not.

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it can be done online the very same day, stop panicking.

make sure you read through my post CAREFULLY, compare ref numbers etc, so you know EXACTLY what to ask/tell DVLA has happened.

once they find you payments and attribute them to the correct VEL account the matter should be resolved and the SJPN summons cancelled, though the DVLA phone OP might not know/have the authority to deal with that.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks I have my paper copies to refer to for the reference numbers , at least if I can speak to them and resolve the payments issue first I can follow up the SJPN...

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got bounced around two different departments and managed to speak to a DVLA bod ,

explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal reminders prior ,

they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 

Spoke to legal which turned out to be the court processing the claim, all they could recommend was filling in the plea online and gave me an email so I could attach proof of DD being in place.

going back to DVLA to see if I can get any further explaining what has happened 

DVLA on live chat apparently they recommended going to pay the 62.15 ,

tried that but due to time elapsed won't allow me ,

went back to live chat said you will have to fill in the court details online..

going to add I tried to contact and pay 

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:thumb:

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I tried to submit my plea online,

got through to the end only to be met with a URL error lol ,

does any government department work in in the UK? 

Luckily I have saved my plea as a word doc, attached that along with supporting docs via the SJ email I was given ,

will continue to try and submit online.

Also took photo and a video of me trying to submit it online as additional proof 

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gov't sites are often subject to errors over the w/end and not resolved until monday when experts are back to reset things.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

in the end had to submit all docs via SJS email

luckily they confirmed all received ..

fast forward received a letter to attend magistrates court on 23rd August ..

Now in the process of printing off all relevant docs and calling the helpline number as I have a number of questions 

Two issues ...

  1. will there be a duty solicitor on that day?
  2. And I am starting chemotherapy next week for six months so what is the consequences for not appearing at court?
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i will guess you pleaded not guilty?
 

you'll got the court date to attend, if DVLA dont drop the case totally in the meantime.

AFAIK there are no 'duty sols' available to you? on the day...its not like home repo hearings.

your case is quite clear cut IMHO, but it's always worthy to inform the court and the claimant ASAP that you will not be attending due to cancer treatment if that be the case.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks DX ,

I managed to speak to the court helpline apparently their are duty solicitors on the day ,

also I could potentially adjourn the date due to the treatment ,have to email the court or CTSC...

luckily have a PDF letter from my consultant last month explaining my treatment regime as I had to cancel a holiday in August.

emailing both as we speak

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just type no need to keep hitting quote.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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