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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71128
Experience:  Over 5 years in practice
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In a dispute with the DVLA concerning them rejecting my V991

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In a dispute with the DVLA concerning them rejecting my V991 dispute can I insist that the matter be resolved in the court system or must I just accept that they have been granted the power by parliament to take my car without me being able to resist them?
Thank you for your question. My name is ***** ***** I will try to help with this.
Have they actually seized your car?
Customer: replied 2 years ago.

No. I am assuming that since they will not respond to my demand that the dispute be put before the local magistrates court that they have such powers in reserve and will use them.

Yes, the DVLA are not a court. They are a tribunal of sorts but they cannot levy fines upon you without challenge.
If you don't accept their findings then just invite them to summons you and contest the matter at court.
You might want to consider whether you will win at court though as if you lose the costs order will be unattractive.
However, you do have the right to refuse and wait to be summonsed.
Can I clarify anything for you?
Customer: replied 2 years ago.

In their letter rejecting the Dispute Form V991 they say "If payment is not received further enforcement action will be taken as matters cannot remain unresolved." Are you quite sure that they cannot just turn up and seize my car? I have demanded that magistrates hear my case but they ignored this just as they have ignored (or rejected) everything else I have said about the matter!

This is a fine for not taxing your vehicle I presume?
Customer: replied 2 years ago.

No. They say that I did not send them a "Sorn" informing them that my vehicle was taken off the road. I did complete the form on line just before I returned to Florida where I live most of the year at the end of October and the car was taxed for two more months and insured continuously until my return this year. It was kept in my garage and never used by anyone else. I did not use it this year until the MOT was renewed and the tax renewed. I have done nothing wrong except perhaps I messed up on line ( I am 68!). But, their system may be at fault! On principle I will not pay them the £80, since reduced to £40 if I just pay up like a good boy.

What are you hoping to achieve by going to court?
You seem to accept the offence? I understand it is expensive but what defence would you raise at court?
Customer: replied 2 years ago.

I hope that by going to court I can convince them that I DID fulfill my obligation to comply with the legislation. They say that their system did not record it. Did it malfunction or did I? Whatever you or they may think about that the fact is, and they can check this, that the vehicle was never used on the road illegally. I thought that I was innocent until proved guilty! And, I do NOT accept that I have committed any offence!

When do you sleep?

Did you send the forms off recorded delivery?
Customer: replied 2 years ago.

I told you earlier that I completed the process on line. I returned to Florida at short notice so that seemed the best way. Consequently I was not in UK to see if they confirmed it by post or not.

I am going to bed now but I will continue this in the morning.

Good night!

Yes, but then there must be a record of this.
If there is a record then it would be worth going to court.
I realise you might not have it at your fingertips but it must be possible to locate it.
You are right basically though. If you send something off to the DVLA then you have complied with your duties. If they don't receive it or lose it then that is down to them.
The only thing that concerns me here is that an electronic copy should be available somewhere and the DVLA have rejected your dispute.
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