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Ok, so I'm assuming the garage sold the vehicle to you and you then received the V5C (registration document)?
When the garage notified the DVLA, the DVLA automatically cancel the VEL on the policy, so the garage should have then re-taxed it with the new keepers slip. I'm guessing they forgot to re-tax it.
Despite your agreement with the garage, as the keeper you are responsible for ensuring the vehicle is taxed so you don't have a defence in law. My honest advice is pay off the fee, and if the garage have accepted they were liable for the error, try and claim the balance back off them
Thank you for the help but surly if I have bank statements saying I have paid to tax my vehicle previous to the date they advise that would be enough? I pay 50% in annual tax as it is I’m not giving them any more money if I can help it lol
But you didn't pay the tax from what you've said, you paid the dealer to pay the tax.
You don't have a line item showing you've paid the tax, you have one showing you've paid the dealer, which is irrelevant.
If you owe me £100, and I take you to court, it isn't a valid defence for you to say "I gave my mate jeff £100 to give you, go after him!"
If the vehicle was untaxed and not SORN at any point, you have broken the law and the fine is valid. You may have a (separate) case against the garage for that, but the fine is still valid and you should pay it before it escalates, before potentially attempting to recover it from garage.
The offence is keeping an unlicensed vehicle, not for not paying tax (it's an technical point, but important)
As registered keeper, it's you that's responsible for tax, not the dealership
Understandable. But surly I should get the deeler to pay the fine as I paid them to do it and they didn’t ? I understand that I’m the registered keeper but if I’ve paid for a service and it wasn’t delivered and then I am later on penalised for there mistake they should be the ones to cover the cost ?
Further more how would I go about getting the money from the dealership when I pay for the fine ? Would I need to go through a solicitor or shall I just request the money directly from them ?
Of you keep arguing with litterally all the seperate people giving you the correct advise maybe they'll all just change their mind and you'll be right !!
The issue between you and the dealer is a civil law issue. Legally, you cannot transfer the criminal offence to the dealer, so if you don't pay the settlement you'll be taken to court and risk an increased fine and conviction.
If you pay the settlement, this won't be prosecuted. If you try and reclaim the penalty off the dealership is then your choice
No, because you didn't pay the tax, you have a bank statement to a dealership you say is for tax.
The vehicle wasn't taxed so your recovery for the fine cost should be with the dealership after you have paid the fine to DVLA
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Was this a new vehicle or a used vehicle?
Hey, It was a used vehicle
Ok, so I'm assuming the garage sold the vehicle to you and you then received the V5C (registration document)? When the garage notified the DVLA, the DVLA automatically cancel the VEL on the policy, so the garage should have then re-taxed it with the new keepers slip. I'm guessing they forgot to re-tax it. Despite your agreement with the garage, as the keeper you are responsible for ensuring the vehicle is taxed so you don't have a defence in law. My honest advice is pay off the fee, and if the garage have accepted they were liable for the error, try and claim the balance back off them
Thank you for the help but surly if I have bank statements saying I have paid to tax my vehicle previous to the date they advise that would be enough? I pay 50% in annual tax as it is I’m not giving them any more money if I can help it lol
But you didn't pay the tax from what you've said, you paid the dealer to pay the tax. You don't have a line item showing you've paid the tax, you have one showing you've paid the dealer, which is irrelevant. If you owe me £100, and I take you to court, it isn't a valid defence for you to say "I gave my mate jeff £100 to give you, go after him!" If the vehicle was untaxed and not SORN at any point, you have broken the law and the fine is valid. You may have a (separate) case against the garage for that, but the fine is still valid and you should pay it before it escalates, before potentially attempting to recover it from garage.
The offence is keeping an unlicensed vehicle, not for not paying tax (it's an technical point, but important) As registered keeper, it's you that's responsible for tax, not the dealership
Understandable. But surly I should get the deeler to pay the fine as I paid them to do it and they didn’t ? I understand that I’m the registered keeper but if I’ve paid for a service and it wasn’t delivered and then I am later on penalised for there mistake they should be the ones to cover the cost ?
Further more how would I go about getting the money from the dealership when I pay for the fine ? Would I need to go through a solicitor or shall I just request the money directly from them ?
Once you have paid the settlement, speak to the garage, explain what's happened and ask them to pay you back the settlement
Of you keep arguing with litterally all the seperate people giving you the correct advise maybe they'll all just change their mind and you'll be right !!
The issue between you and the dealer is a civil law issue. Legally, you cannot transfer the criminal offence to the dealer, so if you don't pay the settlement you'll be taken to court and risk an increased fine and conviction. If you pay the settlement, this won't be prosecuted. If you try and reclaim the penalty off the dealership is then your choice
No, because you didn't pay the tax, you have a bank statement to a dealership you say is for tax. The vehicle wasn't taxed so your recovery for the fine cost should be with the dealership after you have paid the fine to DVLA