Car purchase

[MrsKipling16]

Hi,

I was wondering if anyone has legal experience in car purchase and/or the associated T&C.

I recently bought a car (ex demonstration model, 69 plate, 5500 miles in case that makes a difference) and when I asked if it was taxed was told “it’s got trade tax, but we’ll sort it” which I took to mean that the car would be taxed when I collected it a few days later.

When I went to collect the car, the sales person logged on to the website, input all of the relevant details and then handed me the keyboard/mouse for payment details and walked off! I foolishly filled everything in, and paid for the car tax without questioning it.

This has been niggling me ever since, and having checked the T&C of my sale (titled “Used Vehicle Invoice”) I’m not sure that I should have paid, as the T&C’s state that “the purchase price for the Goods, including....car tax & VAT, current at the date of the order” - see section 5 on the attached image.

Am I missing something, or do I have a case to question again? I have emailed the salesperson and they’ve replied (by video message, not in writing) that section 5 only applies to new cars, however, I can’t see this referenced anywhere in the T&C, and as mentioned previously, my invoice is titled “Used Vehicle Invoice.”

Any suggestions/advice would be much appreciated. Thank you.

Whenever vehicles are sold in the UK the car tax is automatically cancelled and the new owner must tax it themselves. Your question as to whether the car was taxed or not was irrelevant. Dealers can access the dvla at point of sale and get the car taxed but who pays for it will depend on how it was marketed.
It does say "where applicable" in the T&Cs so again it depends on the ad or price sticker that was on the vehicle.

Thanks MrBattersby . There was no price sticker per se, and of course the ad is no longer available given that the car is sold, therefore the conversation and T&C are my only points of reference.

I appreciate what you say about the transference (or not) of car tax, hence me asking the question about whether the car would be taxed when I collected it - if I had been told “no, it won’t be taxed, that’s your responsibility” then I would have been expecting to pay. As this wasn’t what I was advised, I’m wondering if I have grounds to challenge, or should just chalk it down to experience?

I’m not aware of any circumstances where car tax “isn’t applicable” hence me interpreting those words as it would be included in the sale price, as per our conversation.

If I’m categorically wrong, and I should always have paid the car tax, I’m happy to accept that. It feels though like a grey area with potentially confusing (or deliberately ambiguously worded) T&C’s?

Any other similar experiences/advice?

Think the point I'm making badly is unless explicitly mentioned car tax is not included in the sale price. Quite possible dealers includes tax on new cars, the "where applicable" bit, but that would be in the advertising blurb accompanying the new vehicle.
Maybe see how other cars are advertised by the same dealer?
Impossible to say if you have a case without knowing how it was described for sale.

Just remembered, a smart car we had was zero rated for car tax, small engine, so that could also be "where applicable" so you might be lucky.