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DVLA - Untaxed while abroad

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rehmh05
Nova Slayer



Joined: 23 Nov 2012
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PostPosted: 13:18 - 18 Mar 2015    Post subject: DVLA - Untaxed while abroad Reply with quote

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
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- 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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Joined: 23 Sep 2014
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PostPosted: 13:31 - 18 Mar 2015    Post subject: Reply with quote

They is c@nts and wont listen to reason.
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cheeseman
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Joined: 11 Jun 2014
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PostPosted: 13:36 - 18 Mar 2015    Post subject: Reply with quote

What did they mean by this:
Quote:
you have already been given opportunity to provide mitigation.


Did they mean that they didn't like your explanation of how your one month holiday turned into 5 months absence, or was it that they requested mitigating details in one of the many letters they sent to you while you were away but you weren't able to reply to it in time? Sounds like this might be your only opportunity to put your case to them.
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rehmh05
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Joined: 23 Nov 2012
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PostPosted: 13:53 - 18 Mar 2015    Post subject: Reply with quote

cheeseman wrote:
What did they mean by this:
Quote:
you have already been given opportunity to provide mitigation.


Did they mean that they didn't like your explanation of how your one month holiday turned into 5 months absence, or was it that they requested mitigating details in one of the many letters they sent to you while you were away but you weren't able to reply to it in time? Sounds like this might be your only opportunity to put your case to them.


In the initial letter they sent to me (only few days before my return) they said : tell us why u think u are not liable/ pay this reduced fine. I said I'm not liable and told them I was abroad . They sent a letter saying u are still liable. I requested a v991 ( which was a hell of a task) filling their online form etc) I then gathered evidence ( initial tickets ) and then actual return ticket ( with clear post it's ) explaining that I could not tax as I had no information with me when I was abroad . They then sent a letter - we've received the v991- your case has been handled correctly , you have been given given opportunity to provide mitigation .... I have reviewed the information in v991 and have found nothing to support withdrawal of LLP. You are liveable for £80 which has been passed to debt collectors.

Further correspondence will be filed without reply.

Ps. Whilst the dvla sent me the v991 dispute form , I was contacted by rossendales debt collectors asking to pay the £80. I emailed them , informing that I'm in dispute process for which I'm allowed 3 weeks. To gather evidence . Stop telling me the law and advise with the dvla with regards. They are yet to reply to my email .
____________________
- 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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fozzym
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Joined: 14 Mar 2011
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PostPosted: 14:10 - 18 Mar 2015    Post subject: Reply with quote

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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Joined: 23 Nov 2012
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PostPosted: 14:17 - 18 Mar 2015    Post subject: Reply with quote

fozzym wrote:
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.

Thumbs Up


Really appreciate the replies, but I'm living on job seekers allowance ATM with my bike parked up for a while. Will I have to cut my basic living expenses to satisfy the dvla?
____________________
- 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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fozzym
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Joined: 14 Mar 2011
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PostPosted: 14:26 - 18 Mar 2015    Post subject: Reply with quote

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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Joined: 23 Nov 2012
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PostPosted: 14:35 - 18 Mar 2015    Post subject: Reply with quote

fozzym wrote:
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.

Thumbs Up


One of my relatives fell off a bike into a cliff and was badly injured , I stayed over with him and helped him get on his feet.

Thanks for the help , really appreciate it
____________________
- 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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cheeseman
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Joined: 11 Jun 2014
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PostPosted: 14:41 - 18 Mar 2015    Post subject: Reply with quote

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/
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rehmh05
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Joined: 23 Nov 2012
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PostPosted: 14:56 - 18 Mar 2015    Post subject: Reply with quote

cheeseman wrote:
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/


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
World Chat Champion



Joined: 23 Sep 2014
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PostPosted: 14:59 - 18 Mar 2015    Post subject: Reply with quote

fozzym wrote:
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.

Thumbs Up


It is a sh@t system. If somebody declares sorn but keeps driving on the road they could get away with it. On the other hand somebody simple forgets to fill out the sorn form and they get fined.

It's a bullsh@t fine.

Why the need for the sorn anyway? Just seems like another way to pinch money off the general public.
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cheeseman
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Joined: 11 Jun 2014
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PostPosted: 15:09 - 18 Mar 2015    Post subject: Reply with quote

fozzym wrote:
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.

Thumbs Up


If it goes to court then he should be given some sort of opportunity to settle the debt in this way, but there may be other costs added before then. Aren't you able to expand on the reasons why you were abroad for longer than you expected? Or was it for a reason that would not get any sympathy?
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rehmh05
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Joined: 23 Nov 2012
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PostPosted: 15:13 - 18 Mar 2015    Post subject: Reply with quote

cheeseman wrote:
fozzym wrote:
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.

Thumbs Up


If it goes to court then he should be given some sort of opportunity to settle the debt in this way, but there may be other costs added before then. Aren't you able to expand on the reasons why you were abroad for longer than you expected? Or was it for a reason that would not get any sympathy?


My cousin fell off a cliff from his bike and injured badly. I stayed with him , helping him get back on his feet.

Edit- fell with his bike
____________________
- 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


Last edited by rehmh05 on 15:14 - 18 Mar 2015; edited 1 time in total
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andyscooter
World Chat Champion



Joined: 30 May 2009
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PostPosted: 15:14 - 18 Mar 2015    Post subject: Reply with quote

As shit as it is it is easier to pay the bribe

They don't care that you couldn't remember your reg

If it was you that was injured you may of had a chance but the way it stands again you could of got someone to check reg or get you phone number for dvla

As said its shit but easier to sort and just move on
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 15:45 - 18 Mar 2015    Post subject: Reply with quote

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.
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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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