Author Topic: Hove. No road tax. Car towed to compound  (Read 182 times)

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JulieJ

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Hove. No road tax. Car towed to compound
« on: March 21, 2024, 01:32:35 pm »
Hello, can anyone tell me if I can appeal. I totally overlooked updating my V5C log book and did not know my road tax was due since Jan 24! I pay ZERO road tax by the way so just needed to register. Notifications went to my old address and new house owners obv through them away - nice! Fast forward to 4th March 24 and at 6 am I left for Spain. At 11 am a clamp and 'No Road Tax' notice was stuck on my car that is road parked.  4 days later - on 8th March - my car was towed to a compound in Mitcham 1.5 hours away and in a ULEZ zone. 200 for the tow and 21 per day for 11 days totalled 431! I did not know until 17th March when I called the Police and discovered my car was missing/presumed stolen.

Questions.  Can I appeal? I'd updated my driver's licence which is DVLA (don't departments talk?) so knew nothing about the renewal and thought tax was due with MOT at end March and that you could not get one without the other.

Is 4 days notice before taking my car enough?  (apparent 3 days later it would have been scrapped!).

Do I have a case to appeal as not in the country? (wanted advice before I went appealed on 'dvlacustomerrelations').

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Incandescent

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Re: Hove. No road tax. Car towed to compound
« Reply #1 on: March 21, 2024, 06:24:15 pm »
This is not a de-criminalised offence so there is no appeal process like there is with a Penalty Charge Notice. From your narrative, you are the architect of your own misfortune, by not updating your V5 and hence not receiving the DVLA VED reminders. We see a lot of cases similar to yours, except they are usually for PCNs sent by post.  The plain fact of the matter is that you didn't pay the VED for the vehicle. OK, it is nil, but like classic cars over 40 years old, one still has to "tax" them and pay nothing. The vehicle must also be insured unless it is off the road and an SORN declaration has been made. DVLA emply contractors with ANPR equipment and a list of cars and addresses for cars not taxed with no SORN declaration to go round and see if any are on the public highway.

You may be able to submit a Statutory Declaration or a Witness Statement and get the matter dealt with in a court of law, but I'm not expert in this at all, so wait for others to comment.

Grant Urismo

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Re: Hove. No road tax. Car towed to compound
« Reply #2 on: March 22, 2024, 09:48:12 am »
Well you're on thin ice legally (although proportionality should be explored here - possibly as a formal complaint rather than an appeal)  but the court of public opinion would probably be on your side. The media always want stories, and the Conservatives are frantically pushing a 'war on motorists' message, so if you're media-savvy and don't mind giving your local Conservatives a bit of ammo, perhaps you should consider going to the press with your 'I was fined 431 for failing to pay... nothing!' story. Getting councillors and/or your local MP on your side would at least make the Council parking team sweat a bit and think twice before doing this again, if not actually forcing an apology and refund.

H C Andersen

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Re: Hove. No road tax. Car towed to compound
« Reply #3 on: March 22, 2024, 11:19:46 am »
Getting councillors and/or your local MP on your side would at least make the Council parking team sweat a bit and think twice before doing this again, if not actually forcing an apology and refund.

As posted by Incandescent, this has nothing to do with the council.

You did not comply with a statutory requirement and the state, in the form of the DVLA, took action as they're entitled to do. OP, as you said earlier and from what I've read in the legislation- have you gone into the link given in the receipt - the issue here is one of not registering your car, not failing to pay 0. It appears that the DVLA use the list of cars registered for VED(at whatever rate) as the database for comparing with the insurance industry database i.e. vehicles registered for tax should equal those insured + SORNs. 

Is the receipt all you were given at the pound, I read that you should be advised of your right to appeal - very limited grounds, but it's there? If you go into the regs made under VERA (the Act governing the issue) then be careful because it's only in its original form on the 'legislation' database, you have to look at the subsequent amendments, one of which if I recall deals with the issue of immobilisation time periods.

roythebus

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Re: Hove. No road tax. Car towed to compound
« Reply #4 on: March 22, 2024, 12:36:15 pm »
Sadly a lot of people think the DVLA departments should "talk" to each other. But in all honesty, a lot of vehicles are owned by limited companies, lease companies, care hire or your mrs. How would you expect the DVLA to assume that just because you've amended your driving licence details the system would automatically link that to a vehicle?

If as it seems your vehicle is nil road tax, then it ought to be ULEZ-exempt, so that is possibly one expense out of the way.But you still need to insure it and pay the zero road tax. I've recently had a reminder that one of my more-than-40-year-old buses should have had the zero tax paid in January, but I never got the letter from the DVL. All sorted now.
Bus driving since 1973. My advice, if you have a PSV licence, destroy it when you get to 65 or you'll be forever in demand.