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| rehmh05 |
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 rehmh05 Nova Slayer
Joined: 23 Nov 2012 Karma :     
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 Posted: 13:18 - 18 Mar 2015 Post subject: DVLA - Untaxed while abroad |
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Hi guy.
I went on holiday to Asia in July last year. My initial trip was planned for a month. However, due to unforeseen circumstances, I had to stay there till December (almost 5 months) whilst I was away, my bike was kept off road and it was taxes till end of October.
Upon my return, I was welcomed with a huge pile of letters, one of which was DVLA - failure to tax. And a late licence penalty. I appealed to them and even sent a v991 with my Tickets for travelling, but they said we couldn't find any evidence to support withdrawal of LLP and you have already been given opportunity to provide mitigation.
I understand I must tax my vehicle or declare SORN , however, I forgot my number plate, didn't have details or anything to tax or SORN online or over the phone, now they are threatening me with debt collectors .
Any further correspondence with regards will be placed on file without reply- is what they say now.
Is there a way out, as I don't have job at present.
Thanks for any help in advance ____________________ - CBT 31/10/12 - CBR 125 bought 01/11/12
- Theory: 07/11/12 - Mod 1: 19/11/12 - Mod 2: 28/11/12
- 24/08/13 - Bandit 600 |
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| monkeybiker |
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 monkeybiker World Chat Champion

Joined: 23 Sep 2014 Karma :   
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| cheeseman |
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 cheeseman Trackday Trickster

Joined: 11 Jun 2014 Karma :  
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| rehmh05 |
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 rehmh05 Nova Slayer
Joined: 23 Nov 2012 Karma :     
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| fozzym |
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 fozzym Brolly Dolly

Joined: 14 Mar 2011 Karma :  
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 Posted: 14:10 - 18 Mar 2015 Post subject: |
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Presumably if you don't pay it will go to court at which point you can give your mitigation to a magistrate or judge.
You could pay up and take it to the small claims court and again let a judge decide whether you have been hard done by.
Basically the dvla are saying that they have taken into account your mitigation and don't think it cuts the mustard so you must pay.
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| rehmh05 |
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 rehmh05 Nova Slayer
Joined: 23 Nov 2012 Karma :     
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| fozzym |
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 fozzym Brolly Dolly

Joined: 14 Mar 2011 Karma :  
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 Posted: 14:26 - 18 Mar 2015 Post subject: |
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Not sure whether there is a system to let you pay in instalments. But at the end of the day you can either fight it to the end or pay now.
It's a bastard but without sounding harsh it is your own fault and without knowing the reason why you ended up overseas for longer than you expected I can't judge the extent of which it is your own fault.
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| rehmh05 |
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 rehmh05 Nova Slayer
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| cheeseman |
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 cheeseman Trackday Trickster

Joined: 11 Jun 2014 Karma :  
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 Posted: 14:41 - 18 Mar 2015 Post subject: |
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Not sure what you've admitted to to the DVLA but there may be some information here that might be of use to you:
https://www.theregister.co.uk/2010/05/03/dvla_court/ ____________________ XJ600S->Sprint ST 955i * ; Now ST1100 + W650 |
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| rehmh05 |
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 rehmh05 Nova Slayer
Joined: 23 Nov 2012 Karma :     
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 Posted: 14:56 - 18 Mar 2015 Post subject: |
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I admitted unforeseen circumstances as the reason for overstay, and they never asked for an elaboration, plus they said only write in this space which was half a page or less . ____________________ - CBT 31/10/12 - CBR 125 bought 01/11/12
- Theory: 07/11/12 - Mod 1: 19/11/12 - Mod 2: 28/11/12
- 24/08/13 - Bandit 600 |
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| monkeybiker |
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 monkeybiker World Chat Champion

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| cheeseman |
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 cheeseman Trackday Trickster

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| rehmh05 |
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 rehmh05 Nova Slayer
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| andyscooter |
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 andyscooter World Chat Champion

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| Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 15:45 - 18 Mar 2015 Post subject: |
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Well, you were a mug to get in touch with them because the purpose of their "appeals" process is to trick you into admitting to the offence. Which you've done.
But here we are.
DVLA assert that the "late licensing penalty" is a "debt due to the crown", which is different from their usual "pay or we prosecute" blackmail demands.
However, they do tacitly admit that they actually have to go via the County (or Sheriff) courts to get an enforceable order, so if you insist on continuing to respond to them or their goons (and I sadly suspect that you will), then I'd strongly suggest that you contain yourself to asserting that "No debt exists", while starting down the complaints track of both the DVLA and the goons, stating that you have no recourse to an independent tribunal as guaranteed by Article 6 of the ECHR.
For extra laughs, point out that their refusal to communicate any further is a flagrant violation of the Practice Directions for Pre-Action Conduct, Section 1, part 1, 1.1 (1) [to] "enable parties to settle the issue between them without the need to start proceedings (that is, a court claim);". It's quite literally the first thing in the list.
Bonus brownie points can be earned by asserting that you are willing to use an independent Alternative Dispute Resolution process, and ask why they haven't chosen to offer this.
See:
https://www.whatdotheyknow.com/request/appeal_of_continuous_registratio
You'll get more specific help on PePiPoo or general consumer forums. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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Old Thread Alert!
The last post was made 11 years, 201 days ago. Instead of replying here, would creating a new thread be more useful? |
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