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Single Justice Notice for no tax

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  • Single Justice Notice for no tax

    I had purchased a Mercedes A-Class from Mercedes Benz of Macclesfield on 23.11.2016. The vehicle was taxed by them for a year at the time. On 8.1.2018 the vehicle was parked at Onslaw Gardens and was clamped for non-payment of tax.

    I was surprised because I had not received the V5 document nor any reminders for payment of tax. I called DVLA and they advised me that they had no record of me acquiring the vehicle hence the reason that I had not received any reminders. Anyway I told them that I wanted to pay the tax which was £ 20.00. I paid the tax plus I also paid backdated tax on 8.1.2018. I then contacted Mercedes and after further investigation they found that the electronic system which they normally use to inform DVLA for change of ownership had failed and hence the notification was not sent to DVLA. They re-submitted this and a V5 was issued on 8.2.2018.

    Now all of a sudden I have received a Single Justice Procedure Notice dated 2nd July 2018 and giving 21 days to plead guilty or not guilty. The notice has a witness statement stating that on 17.2.2018 a notice was sent to the defendant requesting the name and address of the person responsible for this vehicle on 8.1.18 which he never received.

    I am not sure what to do as I do not believe it was not my fault that Mercedes did not inform DVLA of the change of ownership and secondly as soon as I came to know of the situation I paid the tax for the whole year and also any back dated tax.

    I am not sure but technically speaking if Mercedes did not inform DVLA of the change of ownership/registered keeper then all correspondence must be going to them as they would be the registered keeper in DVLA records.

    Can you please give some advice as to how I should plead?
    Tags: None

  • #2
    I would write to DVLA, refer them to The Road Vehicles (Registration and Licencing) Regulations) 2002 Part iv (http://www.legislation.gov.uk/uksi/2...2/part/IV/made) and amendment no. 403 under amendment Regulations 2015 (https://www.legislation.gov.uk/uksi/.../contents/made) and remind them the onus is on the registered keeper to inform DVLA of changes.

    As you did not become the registered keeper before DVLA were notified (08.01.2018 =check this date)) and the registration document issued (08.02.2018)
    you could not be liable for any unpaid tax and so will be pleading not guilty.
    You anticipate receiving confirmation that the SJPN is being withdrawn.
    If it goes to trial you will be claiming your costs.


    Did you get Mercedes to meet your costs involved in getting the clamp removed?

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