Late Licencing penalties

Dear Mr Delaney

Thank you for your e-Mail dated 10 February 2009 in which you have
requested statistical data relating to Continuous Registration
enforcement action undertaken by the Driver and Vehicle Licensing Agency
(DVLA).

The information you have requested is being dealt with under the terms
of the Freedom of Information Act 2000 (FOIA) and you will receive a
response within the statutory 20 working days from the date of receipt.
We will endeavour to respond to your request prior to the 20 working
days.

If you have any queries about this letter, please contact me quoting
the above reference number in any future communication.

Yours sincerely

Freedom of Information Champion
Local Services Network

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Dear Mr Delaney

Thank you for your e-Mail dated 10 February 2009 addressed to DVLA, Swansea, in which you have made a request for information under the Freedom of Information Act 2000 (FOIA). I am replying as Head of Customer Services and Compliance.

In answer to your request +AJM-In consideration of the number of penalties issued for alleged failure to inform the DVLA of a change of ownership or SORN notification+AJQ you have asked for the following statistical information:

+AJM-In each period how many penalties were issued following a denial by the DVLA that it ever received the proper notification, contradicting the victim of the penalty?+AJQ

I should first explain that it has been a legal requirement since January 1998 for the registered keeper of a vehicle to ensure that it is, at all times, either currently licensed, or that a Statutory Off Road Notification (SORN) declaration is made. Under the system of Continuous Registration (CR), the registered keeper remains responsible for re-licensing or declaration of SORN until he or she has formally notified DVLA of the vehicle+IBk-s transfer, destruction, export or theft. Failure to do so will result in a Late Licensing Penalty (LLP) letter being issued.

Each month, DVLA carries out a check of the vehicle register to identify vehicles without a valid licence or SORN declaration in force. Once identified, penalty letters are issued automatically to the registered keeper. These penalties target the short-term evader, but no action is taken for two months following the expiry dates to allow for re-licensing/SORN to update the vehicle register.

Late Licensing Penalties (LLPs) are issued in accordance with Section 7A of the Vehicle Excise and Registration Act 1994 (VERA). The penalties are for the amount of +AKM-80, reduced to +AKM-40 on early settlement.

Whilst CR took effect on 1 January 2004, enforcement action in respect of a failure to re-license or declare SORN for a vehicle was first taken from March 2004 for vehicle licences/SORN declarations expiring at the end of December 2003. Statistical information for either of these offences is recorded under the +IBg-CR offence umbrella+IBk.

I should explain that the Agency does not hold statistics to readily identify vehicle keepers who apparently failed to notify disposal of their vehicle to the DVLA and who have received a CR penalty letter because there is neither a licence nor a SORN declaration in force when required.

To determine this information would, therefore, require manual interrogation of each individual CR enforcement case to determine the reasons why a breach of the legislation occurred. Whilst DVLA may hold this information, it is the Agency+IBk-s policy not to process requests likely to exceed the cost limit of +AKM-600 for provision of information under the FOIA. Information which is specific to vehicle keepers who have found themselves in similar circumstances will not, therefore, be made available to you as in the circumstances we are not obliged to do so by virtue of Section 12 of the FOIA.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder.

Most documents supplied by the Driver and Vehicle Licensing Agency will have been produced by government officials and will be Crown Copyright. You can find details on the arrangements for re-using Crown copyright on the Office of Public Sector Information website at:

http://www.opsi.gov.uk/click-use/index.htm

If you are unhappy with the way the Agency has handled your request, you may ask for an internal review. You should contact the Local Services Network and Enforcement Directorate Freedom of Information Champion, DVLA, +IBg-A+IBk Block, Longview Road, Morriston, Swansea, SA6 7JL.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. Further guidance of DfT complaints procedures are detailed in Annex A.

Yours sincerely

(sent unsigned)

Steve Alexander
Head of Customer Services and Compliance

ANNEX A

DfT Complaints Procedures

You have the right to complain about the way in which your request for information was handled and/or about the decision not to disclose all or part of the information requested. In addition a complaint can be made that DfT has not complied with its FOI publication scheme.

Your complaint will be acknowledged and you will be advised of a target date by which to expect a response. Initially your complaint will be re-considered by the official who dealt with your request for information. If, after careful consideration, that official decides that his/her decision was correct, your complaint will automatically be referred to a senior independent official who will conduct a further review. You will be advised of the outcome of your complaint and if a decision is taken to disclose information originally withheld this will be done as soon as possible.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner+IBk-s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

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