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VW Cc - Car Tax - AshCc
Hi all need some advice

I purchased a car from Evans Halshaw 18months ago. As is the way when you purchase a car you pay your road tax before you leave the forecourt.

Fast forward to this morning. I received a letter from the courts advising me I had been fined for driving without car tax for the last 8months plus non response of previous letters they have sent me. I was under the impression that I was on a yearly direct debit paying for the car tax as it’s only £30 for the year and i received no reminders. I have checked my bank statement and nonpayment has been sent either.. I investigated further and the DVLA had the wrong address on the system. It was one further up the road which is unoccupied which I have no affiliation with what so ever. I have searched for the log book but can’t find it what so ever so I am assuming it was also sent to the incorrect address. I paid straight away to cover myself for the next year.

What do I now do? Should i challenge this in court with magistrates as it is clearly an oversite from the DVLA for having the incorrect address and myself for not chasing for the v5. In total it will be over £500 in fines and court costs.

I have had my car insured and MOT, license is in the correct address and have driven 10k plus in the last 8 months not been stopped by police anything at all! Really makes you wonder really do these ANOR cameras actually work.

Any help or advise would be truly appreciated
VW Cc - Car Tax - Bromptonaut

Let me make sure I get this right.

You bought a new car (brand new?) c March 2018. First years tax was part of the deal. You thought there was a direct debit in place for subsequent years but for whatever reason there was not.

Somebody's fat finger meant the address on V5, and therefore that used to send postal reminder (V11?) was wrong. Right road but door number incorrect and that of an unoccupied property.

Consequently all correspondence, V11, chasers and subsequent court summons were sent to wrong address. As you had no knowledge you could not take action to pay nor to respond when court process was threatened. Only later, probably when enforcement got involved, did somebody take a positive step to trace you.

Is that accurate? Are the proceedings in Magistrates Court or County Court?

You didn't notice mistake on V5 nor fact that no DD was taken. We pay our car tax by monthly DD and get an annual e-mail from DVLA to confirm payment regime. Were a DD in place you'd have had that or paper equivalent. The DD, compared with say Council Tax, mortgage or gas/electric is a trifling amount. Somebody on a very tight budget or with sort of habit my late Father had for line by line analysis of bank statements might notice. Not sure I would.

My suggestion would be to approach the court, explain that the summons was not received due to being wrongly addressed and ask for judgement or conviction to be set aside. There will be forms to fill in, a sworn statement to be made and possibly a fee to pay.

If successful that would reset the clock on the court decision and costs. You could then ask prosecutor/claimant (is it DVLA, police or some other outfit?) to withdraw the summons on basis there was an error and, as tax is now paid, no loss to the public purse.

Should be OK without a lawyer. Be patient and don't take out frustration on court staff even if they're initially sceptical. You wouldn't believe how many people convicted of this sort of minor offence or who get a parking penalty enforced claim to know nothing until the bailiffs arrive.

Good luck and let us know what happens.

As ever your local Citizens Advice should be able to offer advice /support if you need it.

VW Cc - Car Tax - AshCc
Thanks for your response

Pretty much summed it up in one.

I have sent a few letters out this morning to both the DVLA and the court with insurance, driving license and my receipt from EH showing my address as evidence to show I haven’t actively avoided paying, but as you mentioned I wouldn’t notice £30 disappearing from my account.
VW Cc - Car Tax - Brit_in_Germany

My thoughts would be that having paid, you should demand that EH recompense you since it was (presumably) their error which led to the situation, You need to get the V5 sorted out asap, and maybe EH can help here also.

VW Cc - Car Tax - AshCc
V5 requested yday should be with me in next few days hopefully
VW Cc - Car Tax - Brit_in_Germany

Hopefully there are no open speeding tickets waiting for you.

VW Cc - Car Tax - Palcouk
Its your responsibility to check your docs, including the Reg cert.
Since you failed to do so, you are liable.
EH inserted incorrect data when they informed the DVLA, but having said that you should have followed up when you did not receive any Reg Doc from the DVLA
So at the end of the day the liability is all yours
VW Cc - Car Tax - Bromptonaut

If OP applies to court an Palco is the duty beak he's going to be unlucky.

Others may be more understanding.

VW Cc - Car Tax - Middleman

At this stage do not worry about whose fault this was. Concentrate on getting it put right.

You need to perform a "Statutory Declaration" (SD) to have your conviction set aside. You need to do this within three weeks of learning about your conviction. You can make the declaration at a Magistrates' Court (free of charge) or before a solicitor (who may charge a small fee, perhaps £10).

My recommendation is that you do so before a solicitor. If you do it at court, firstly they may keep you waiting a number of weeks before they have a free slot (though this will not jeopardise you under the "three week" rule) but more importantly it is customary in most courts now to ask you to enter a plea to the charge you have just had set aside by your SD. What you really need to do is to have your SD sworn, send a copy to the court that convicted you and another to the DVLA. Along with that you can explain the circumstances as you have here and they may arrange an out-of-court settlement rather than resurrecting the charge.