DVLA "process" preventing lawful use and enjoyment of posessions.

[charadam]

I recently bought a vehicle and the V5c became confetti when I opened it up with the previous keeper (it had been contaminated with battery acid and was extremely brittle and fragile).

This was taken on the chin in the knowledge that it would take time to sort out. In the few days after buying the vehicle I had it MOT tested and insured. Just before I get jumped on, the insured vehicle was taken to the testing station on a trailer.

I sent the required forms to DVLA, enclosing the required fees and am now waiting for the vehicle to be taxed.

My question is this. Why do I have to wait for tax to be "granted" on the vehicle:

a. DVLA have acknowledged that the vehicle is mine and that a new V5 will be printed in a few weeks.

b. The acknowledgement says "if you are a new keeper you must tax the vehicle immediately". DVLA will not allow me to do this until they issue the new V5.

So, I have a roadworthy (MoT) vehicle which is insured that I am prevented from using and enjoying because of DVLA process.

How would the forum recommend I complain about this with a view to achieving a change to the rules?

[des8]

Re: DVLA "process" preventing lawful use and enjoyment of posessions.

I wouldn't even bother trying............. if you haven't got the V5C/2 (new keepers details section) there's no way you can buy the Road Fund Licence until you have a V5 in your own name.
And they won't change the rules 'cos you think it's unfair.
It helps prevent stolen vehicles being taxed, which means police cars fitted with ANPR cameras may identify them as unlicensed

[Quasar]

Re: DVLA "process" preventing lawful use and enjoyment of posessions.

i would pop to the police station - if they ok it and you are local any ANPR would come up grey not RED.
When you get your V5 you be green

happened to me - and i went to see police and all was good.

[charadam]

Re: DVLA "process" preventing lawful use and enjoyment of posessions.

Quasar,

Thanks for your reply.

At the moment I am unable to tax the vehicle because of DVLA refusal to accept my money.

Therefore I have nothing to say to the local police that they can check.

des8 - thank you also.

My issue is that DVLA may be acting unlawfully by refusing to accept my tax payment on administrative grounds.

My question remains - how do I take this further?

[des8]

Re: DVLA "process" preventing lawful use and enjoyment of posessions.

Quasar,



My issue is that DVLA may be acting unlawfully by refusing to accept my tax payment on administrative grounds.
In that case quote the relevant regulation, but I doubt there is one

My question remains - how do I take this further?

Don't suppose you can!

[charadam]

Re: DVLA "process" preventing lawful use and enjoyment of posessions.

It is a bit more than a regulation - European Convention on Human Rights, in Protocol 1, article 1 acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes".

[des8]

Re: DVLA "process" preventing lawful use and enjoyment of posessions.

I think you'll run into difficulties with para 2) [as it deems necessary]
The Actual text of Protocol 1 reads:Protection of property
(1) Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
(2) The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.