Bought tax disc but forgot to put in car - fined

sio_2

I bought my new tax disc online in good time, but stupidly forgot to put it in the car. I got a £60 ticket today for not displaying a valid tax disc. Has anyone appealed this type of ticket before? Do you think I will be able to appeal since I did technically have a valid disc but just not on display?

Cheers

LeeSouthEast

What's to appeal? "failure to display" is the offense and you failed to display it. The fact you had one is immaterial.

Harsh (sorry), but that's the bottom line.

peter_the_piper

1st who's the ticket from, DVLA, Police or a chancer private parking company?
If police or dvla it'll probably be for not displaying, nowt to do with not having a disc, not displaying is an offence, if so pay up, its too much grief otherwise.

Nilrem

However, if you've bought the ticket online/via the post, I beleive the DVLA now allow something like 5 working days grace (it should show up on their site if you do a search), so that might allow you to appeal it depending on who issued the fine.

The offence is technically failure to display, but as I say the DVLA now allow a few days grace as they are encouraging people to renew online/through the post.

Mark_Hewitt

Nilrem wrote: »

The offence is technically failure to display, but as I say the DVLA now allow a few days grace as they are encouraging people to renew online/through the post.

But they will know it was sent out in plenty time.

Just pay the £60 then smack yourself in the face and remember not to be so forgetful next time.

Happens to the best of us, my memory is shocking

sarahg1969

Mark_Hewitt wrote: »

Just pay the £60 then smack yourself in the face and remember not to be so forgetful next time.

Hang on; we don't even know who the ticket is from yet!

DaveF327

Did your tax disc expire at the end of July 2009? Did you receive the ticket on Tuesday 4th August 2009? Was your car parked on a public road? If the answer is yes to all, then the good news is that you have a cast iron defence.

Section 147 of the Finance Act 2008 to the rescue!

147 Not exhibiting licence: period of grace
In section 33 of VERA 1994 (not exhibiting licence), after subsection (1A)
insert—
“(1B) A person is not guilty of an offence under subsection (1) or (1A) by
using or keeping a vehicle on a public road during any of the 5 working
days following the time when a licence or nil licence for the vehicle, or
a relevant declaration applying to the vehicle, ceases to be in force, if an
application for a licence or nil licence for or in respect of the vehicle to
run from that time has been received before that time.
(1C) In subsection (1B) “working day” means any day other than—
(a) a Saturday or Sunday, or
(b) a day which is Christmas Eve, Christmas Day, Good Friday or
a bank holiday under the Banking and Financial Dealings Act
1971 in any part of the United Kingdom."

So let's look at a few facts.

sio wrote: »

I bought my new tax disc online in good time,

Proof of this will be in the email sent (and timestamped) immediately after the transaction. Print this out. If you've deleted the email (silly, silly person ) then the tax disc itself should be datestamped at the date of issue. Keep this evidence.

I got a £60 ticket today for not displaying a valid tax disc.

I'll assume the ticket wasn't given by the police as they should know the law better and the usually issue a red "warning notice" rather than an FPN straight away. Assuming it was the council, follow their appeals procedure quoting the Finance Act above.

Do you think I will be able to appeal since I did technically have a valid disc but just not on display?

Indeed. I just hope the council don't have their own silly loophole like their parking places order not containing the same provision for a grace period. Check the wording on the ticket to see exactly which legislation you've been charged under.

Coblcris

I agree that the police should know the law better.

An interesting point, can a PPO override statute ? Has this ever been tested ? I am not aware of it but that means nought.

I would argue that it cannot override statute and impose unlawful terms.

DaveF327

Coblcris wrote: »

An interesting point, can a PPO override statute?

In theory, they could co-exist nicely as each would define their own terms and are usually carefully written so as not to contradict one another.

I hope that by posting this, I won't give the council leeches / private parking companies ideas, but I fear that the Vehicle Excise and Registration Act only referring to roads may leave PPOs wide open to treat council / private car parks how they wish. Moral? Definitely not, but it's one for the legal fat cats.

Coblcris

The PPOs that I see can not be described as being carefully written in way shape or form. However, some are I grant you that. A Parking Order, which must be issued under statute for example the 1984 Act, should not attempt to redefine terms that are defined by those Acts. I cannot see any leeway at all in regards to that.

sarahg1969

So, the OP's not bothered to come back? Ah, well...