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Car Tax Disc Problem - advise please!

I have a company car who my employer (based in Paris) lease from a company called LeasePlan (based in the UK). I am based in the UK.

The lease company hold all documents in relation to the car (i.e. Log book, MOT certificate). Whenever, the car requires an MOT, new tax disc, service etc the lease company either inform me or my employer and book the car into a garage or post a new tax disc. The car that I have now I took over from a colleague in February who left the company.

The tax for the car expired 7 days ago and I still did not receive the new tax disc. I contacted the Lease company today to see what was going on and to my horror I discovered that the reason why no tax disc was sent was because the MOT for the car expired over a month ago!!! This means that I was driving a car with no MOT for over a month. I was not aware of the expiring date since I received the car in Feb, had no documents and expected the lease company or my employer to contact me when it was due (as they normally do).

The Lease company tried to claim that they sent the notification to my ex-colleague but this is BS since on the day of the exchange I had to return my original company car to the lease company and take over my colleagues. They where clearly aware that cars had been exchanged but failed to update their records.

Any way, the car was booked into a MOT test today and it failed since the rear tyre needed replacing. A new tyre will be added tomorrow and new test done, hopefully it will pass.

My problem - the car has had no tax for over a week now. The lease company can only apply for a new disc when the car passes the MOT and this won't happen until tomorrow. Thereafter, it will take roughly 7-10 working days for a new disc to get to me. Obviously I won't be driving the car and will be leaving it parked outside my house. However, if the DVLA or police check up will I be liable to pay any fine? Its not my fault, the lease company cocked up since they failed to inform me about the MOT expiring.
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Comments

  • Deepmistrust
    Deepmistrust Posts: 1,205 Forumite
    I have a company car who my employer (based in Paris) lease from a company called LeasePlan (based in the UK). I am based in the UK.

    The lease company hold all documents in relation to the car (i.e. Log book, MOT certificate). Whenever, the car requires an MOT, new tax disc, service etc the lease company either inform me or my employer and book the car into a garage or post a new tax disc. The car that I have now I took over from a colleague in February who left the company.

    The tax for the car expired 7 days ago and I still did not receive the new tax disc. I contacted the Lease company today to see what was going on and to my horror I discovered that the reason why no tax disc was sent was because the MOT for the car expired over a month ago!!! This means that I was driving a car with no MOT for over a month. I was not aware of the expiring date since I received the car in Feb, had no documents and expected the lease company or my employer to contact me when it was due (as they normally do).

    The Lease company tried to claim that they sent the notification to my ex-colleague but this is BS since on the day of the exchange I had to return my original company car to the lease company and take over my colleagues. They where clearly aware that cars had been exchanged but failed to update their records.

    Any way, the car was booked into a MOT test today and it failed since the rear tyre needed replacing. A new tyre will be added tomorrow and new test done, hopefully it will pass.

    My problem - the car has had no tax for over a week now. The lease company can only apply for a new disc when the car passes the MOT and this won't happen until tomorrow. Thereafter, it will take roughly 7-10 working days for a new disc to get to me. Obviously I won't be driving the car and will be leaving it parked outside my house. However, if the DVLA or police check up will I be liable to pay any fine? Its not my fault, the lease company cocked up since they failed to inform me about the MOT expiring.

    If they pay for it by account/online/phone, then any ANPR will not pick your car up as untaxed. I'm pretty sure the old "displaying" a tax disc is superceded by the fact that if it's registered on DVLA computers and the only problem is that you haven't actually received the disc in the post yet, then the car is classed as taxed.
    All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.
  • Dark_Jester
    Dark_Jester Posts: 103 Forumite
    Thanks.

    Should the worse happen and expired tax disc is spotted by a passing police man who is to blame: me, my employer or the Lease company? I fear both may try to pass the buck onto me :(
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Clearly 'they' are expecting you to look after the car in a responsible manner.

    Move it off road as soon as possible.
  • Dark_Jester
    Dark_Jester Posts: 103 Forumite
    KeithP wrote: »
    Clearly 'they' are expecting you to look after the car in a responsible manner.

    Move it off road as soon as possible.

    Yes I do look after it in a responsible manner. So you believe I am at fault here?

    I am just the driver and use it as a tool for business (my job) - I don't keep the log book or any other documents associated with the car, like the MOT, the lease company keep it. My only responsibility is to ensure that I am insured (which employer pays for any way), everything else IMO is the responsibility of the lease company since its them has keepers of all documents who are responsible and owners of the car to renew tax, MOT etc. If not them, then its my employers responsibility to ensure every thing is up to date. Its not my job.
  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Get it off the road because even when the tax is paid for "failure to display a tax disc" is still a separate offence from "keeping or using an untaxed vehicle on the public road". Whilst Deepmistrust is correct that it wont show up on ANPR and thus you will probably get away with it, all it takes is one jobsworth traffic warden, parking attendant or nosey neighbour and you can be done for the first offence.

    It is currently only legal to put that car on the public road to take it to, or return from an MOT test and since you don't hold the documentation you can't even do the trick of swinging by the post office on your way home to get tax.

    On a more positive note I'm 99.99% certain that the punishment is limited to a fine and/or clamping as it's a decriminalised offence, so in a worst case scenario you could simply throw it in your expenses as this is due to a !!!! up by your employer or their agent.

    In the meantime, enjoy your paid holiday.
  • Inactive
    Inactive Posts: 14,509 Forumite
    You, the driver of the vehicle are responsible for ensuring that it is road legal before you drive it, however unfair that may seem.

    Your employers should chase up the lease company and get it sorted.
  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Yeah, don't get caught with that tyre. That one is blatantly your fault and it's also 3 points on your licence. Also a dodgy rear tyre is likely to get you pulled over at the roadside and then a routine document check will find out that you are untaxed and have no MOT in addition to driving an un roadworthy vehicle. Just look at that written in print, makes you look like a right chav scumbag doesn't it?

    Protip: If you must drive any distance with that tyre on (eg. to the tyre fitters) put it on the front drivers side. Personally I'd recommend using a mobile fitters though as you can't drive it without an MOT anyway.
  • Paradigm
    Paradigm Posts: 3,660 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 9 June 2010 at 3:45AM
    KeithP wrote: »
    Clearly 'they' are expecting you to look after the car in a responsible manner.

    Move it off road as soon as possible.

    Why?

    As of 2004 the registered keeper, not the driver, is responsible for ensuring the vehicle is taxed. The registered keeper will have to deal with any fines, clamping or impounding.

    From what I can see the OP has no obligation to do anything... it's a company car.

    The tyre is a driver responsibility & comes with 3 points + fine.
    Always try to be at least half the person your dog thinks you are!
  • Monkey_Joe
    Monkey_Joe Posts: 117 Forumite
    Its a shame some people post comments without actually bothering to read and understand the OP question!!

    Its a company car; the owner and registered keeper is the lease company. They have all documents, so its their duty to ensure that the car is road worthy in regards to points such as tax and MOT. How exactly is the OP meant to know that the MOT runs out in May when he has no documents? Its down to the lease company or bosses to keep track of that.

    If someone reports the car for expired tax or MOT the lease company will be liable or at worst the OP employer.

    The only thing the OP is liable for is the back tyre and general condition of the car.
  • Deepmistrust
    Deepmistrust Posts: 1,205 Forumite
    Paradigm wrote: »
    Why?

    As of 2004 the registered keeper, not the driver, is responsible for ensuring the vehicle is taxed. The registered keeper will have to deal with any fines, clamping or impounding.

    From what I can see the OP has no obligation to do anything... it's a company car.

    The tyre is a driver responsibility & comes with 3 points + fine.

    Precisely, or otherwise even car rental customers would be responsible for ensuring their hire vehicles are road worthy!
    All over the place, from the popular culture to the propaganda system, there is constant pressure to make people feel that they are helpless, that the only role they can have is to ratify decisions and to consume.
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