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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I had a car parked legally in the road for 5-6weeks in the

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I had a car parked legally in the road for 5-6weeks in the last 3 weeks residents parking was put in place I think they gave a fortnights grace as it only incurred 6 penalties which I knew nothing about. I had lost the key to the car and the car I forgot where I had parked it because I was busy trying to get enough money together to annul my bankruptcy which came about due to DVLA instructed bailiffs bullying my money out of me so I couldn't pay my council tax. They stated forget your council tax they wont load charges like the High court if you pay 10 a month there is nothing they can do. By the time I found the key & the car there was just one ticket on it, I thought that was lucky one parking offense & just one ticket, because of my bankruptcy I failed to contest it the bailiffs want £1200.20 for this one offense involving six penalties. The MagaCarta was signed to protect individuals against unfair taxes surely a penalty is a tax of which this amount is unfair. How is it not a breach of human rights to give these High court powers to DVLA without any policing or means testing?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

This is not an unfair tax and anyway we have plenty of those in the UK and the Magna Carta makes no difference.

This is a fine for breach of the law. Breaches of the criminal law always lead to punitive measures by definition.

In any event, the bulk of this sum is made up in bailiffs fees because you did not pay the original fine so its not really punitive at all.

Human rights have no application here. There is no human right not to be subject to the law of the UK and anyway the Magna Carta does not impact upon human rights as it was signed many centuries before anyway even thought of universal human rights.

All the Magna Carta did basically that has any real impact upon modern law is prevent King John from punishing people without recourse to law. King John did sometimes punish the Barons without the force of law. In the UK now, generally, we don't.

The DVLA are an emanation of the state. Like the local council or the HMRC and many others empowered to punish citizens.

Moreover, you did have recourse to law. You could have appealed these fines and taken them to court.

I do understand that nobody wants to receive penalties of this kind but I'm afraid points about the Magna Carta and human rights are barking up the wrong tree.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69998
Experience: Over 5 years in practice
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Customer: replied 3 years ago.



Thank you for the clear and concise answer stating the black & white of the law, I appreciate your time in explaining it, I was hoping for something a little grey in between are there no mitigating circumstances I can appeal with. I have nearly 15k to pay if I wish to annul my bankruptcy which was forced upon me for just 3k had I an option for IVA it would be much easier for me. I accept it is better to be informed rather than bark at the wrong tree


It seems so imbalanced that the Banks failed, they were effectively bankrupt bailed out with tax payer’s money and no intervention of an official receiver to monitor or control them.


I appreciate your point of law that penalties are not taxes but when you are oppressed by a government with duel rules it is seems just a legal play on words just more excessive taxes without no protection from our law, more criminals will naturally develop from treating everyone like criminals, the more you punish the more counter effective that punishment becomes.


Penalties are the fuel for hostility, resent, riot and revolt, creating legal change has no correlation with moral change


Now I feel like a dog with no bone and no tree to bark at!


Regards Norman

Expert:  Jo C. replied 3 years ago.
Oh yes, and taxes are unfair. And if we didn't have an enormous welfare state to support the rest of us wouldn't need to be levied with outrageous levels of taxation that suppress industry.

However, unfortunately the conduct of the DVLA is not unlawful.

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