UKC

Last year we had to change the class of car tax from disabled to private. This meant we would pay car tax again, as the registered disabled user was no longer with us.

This had to be done at a post office, where we set a direct debit up and thought all was well. Fast forward 14 months, and to our horror discover that the car has been untaxed for 2 months!

It turns out the post office never sent the logbook to the DVLA, who still think that no tax is due, despite recieving a direct debit for 12 months. As they had the tax class down as disabled, their systems never sent out a letter when the tax was up for renewal.

We have a letter from the DVLA confirming the direct debit. At the bottom, it says "Your vehivle tax will renew automatically unless you notify us of any changes. We will send a new payment schedule at the time of renewal"

As neither of these things happened, who is to blame legally, and do I have any prospects of making a claim against the post office?

In reply to Removed Userbennett_leather:

What loss have you actually sustained as a result of the hiccup that would be the basis for any claim? If anyone's got a claim against the PO it's the DVLA.

Try again and check that all has gone through

In reply to Removed Userbennett_leather:


Claim what from the post office? What losses have you suffered from their error?

Surely this is a fairly straightforward administrative error, and regardless of the legalities, there is not a chance of you being prosecuted for it. Phone the DVLA to explain what has happened, get them to append the records and complain to the post office. I doubt that there needs to be any more to it than that.

In reply to nniff:

Well I dropped my mug of tea when I found out we had been untaxed for 2 months, they could at least replace that!

In all seriousness, to me it is more than a hiccup. No tax invalidates the insurance, what if I had been in an accident, I would be totally liable! What if I had been stopped by the police, 6 points, a fine, and the car would be towed and possibly scrapped! All becuase some t*** at the post office can't do their job!

In reply to Removed Userbennett_leather:

> In all seriousness, to me it is more than a hiccup. No tax invalidates the insurance,

No, it doesn't

> what if I had been in an accident, I would be totally liable!

No you wouldn't

> What if I had been stopped by the police, 6 points, a fine, and the car would be towed and possibly scrapped!

For no tax? Seriously?

> All becuase some t*** at the post office can't do their job!

And you've never made a mistake?

In reply to Removed Userbennett_leather:

If someone had sold me the right lottery on Friday I wouldn't have to work any more. That's got to be worth at least £130 million of someone's money to me.

In reply to Removed Userbennett_leather:



But has any of that actually happened ? No ? Probably best to just sort it out and let it go, you'll only get more frustrated.

In reply to Removed Userbennett_leather:
By my reading your car is taxed and always has been. It's just it is taxed at the disabled rate of zero. If the police stop you their checks should say it is taxed (albeit at the zero rate). Simple really as far as the tax status goes.

You must have been through as many ANPR cameras over the last 14 months and if you've not had numerous letters or knocks at the door, this would strongly suggest that it is still taxed. If you are still not convinced go to https://www.gov.uk/check-vehicle-tax enter the details and I reckon that it will say tax not due, taxed till --/--/----. In the unlikely event it says tax is due (unlikely as you would have had the warning letters already) get is sorted out now (and don't drive the car on the road until it is).

If they (DVLA/police/ANPC camera operators) look into it further the real question would be is it fraud. That is have you knowingly failed to notify the DVLA for 14 months that the vehicle is not now for use by a disabled person and so should not have continue to qualify for the zero rate (exemption from tax effectively)? From what you say there is plenty "proof" that you have notified of the change, plus you have presumably paid the DVLA for 14 (or at least the 12?) months at what should be the correct rate.

If it was me I would just get the error corrected as soon as possible, and get the "tax" already paid for the 12/14 months credited to the correct vehicle records.

In reply to Climbing Pieman: My car is zero rated for duty - but I still have to go online, "tax" it and not pay anything (and received threatening letters because I didn't do it).

In reply to andy:
Ok, you'll know more than me. I made the assumption that disabled class of vehicle does not get a reminder as if it had to be renewed every year for disabled, then he would have known 2-3 mths ago that tax was due as a reminder would have been issued. He said that no reminder is sent out of the system when it is classed as disabled - that's the way I read his comments - and therefore by logic it must auto renew. Had it been changed 14 mths ago from disabled to "normal" tax (even if zero for emissions) then the inference (and normal procedure as you comment) is a reminder and warning for failure to comply would be sent.

In reply to Climbing Pieman:

No reminder is sent out, however it does not automatically renew. Sounds daft, but it is the DVLA.

In reply to Removed Userbennett_leather:


Sounds more than daft, possibly discriminatory. So they issue reminders for the general population of drivers, but don't for disabled. How most disabled driver therefore remember to renew tax when no money is due, I can't imagine.

I assume you have now renewed the tax and sorted all that out, and hence your original question of who is to blame? In theory, yes you could have a claim but against whom and for what would need specialist legal input. Bear in mind you could be ultimately be partly responsible if you are the registered keeper for failing to follow up earlier as usually DVLA small print says if you do not get your new V5 within x weeks you should get in touch. As others have mentioned, probably best to forget it. Up to you though.

In reply to Climbing Pieman:

I can only imagine it is to stop people who are temporarily disabled, say through a work accident leaving them unable to work for a year or so, to be able to exploit the system and have free car tax for life.

Yeah sorted the new tax straight away, awaiting the DVLA to ask me to pay the 2 months backdated tax, but if they try to issue an additional fine I will fight that.

I am also over my kneejerk reaction of wanting to sue someone, feel a bit silly now but ranting on the internet always helps!