Fine for not renewing road tax

Miramar35

I have received a ticket in Gosport yesterday for not having a valid parking ticket & tax disc displayed.. The penalty is £65 with a two weeks payment of £45.. However, I did have the ticket & I was writing a letter for appeal to Gosport Council stating that I am attaching the evidence: the valid parking ticket and copy of the tax disc. I went to the car to get the tax disc & scan it ( I've found it on the floor!) and I've just realised that it expired on 30/04/09! I'm gutted! I had no idea! Therefore, I can't go ahead with the appeal for the parking ticket, as I'm worried that I might get fined extra for renewing my road tax so late! I am planning to pay today 31 May at the Post Office... Is it true that I have 30 days (in this case 31) to pay it without getting in trouble?
Also, I do not have the tax disc renewal letter as I changed addresses last year and DVLA doesn't have my new address!! Can I renew it at the post office without the letter?
Please advice!!

Inactive

It looks like you have committed about 4 traffic offences there;

1). Failure to display a valid parking ticket.

2). Failure to display a valid Road Tax Disc.

3). Failure to renew your tax disc.

4). Failure to notify a change of address to DVLA.

It is the 1st of June today, so you have missed a months tax.

nexuss

Ignorance is no excuse.You were trying it on and got caught.

Wig

Today is the 1st June, so you missed your opportunity to buy the tax late. Had you bought the tax on Saturday, 30th May then YES you would most probably have not recieved a fine from DVLA for being late with the renewal. .... I am ofcourse talking about the £80 automatic penalty that is sent out from DVLA if there is a break in the tax/SORN cover. I am not talking about the ticket/fine you recieved from Gosport council.... two totally different things. You want to do everything you can to avoid getting a fine from DVLA in a few weeks time. So read on....

As it stands however, you now will be contacted by DVLA in about 6 weeks time, they will be informing you of an £80 fine with an early payment option of £40. They will also add on a bit for the missed month tax for May.

What you should do, TODAY, (to try to avoid this happening), is phone DVLA and inform them you have just renewed your tax today starting 1st June, it was an oversight on your part, and ask them if they can help you to back-pay for the missing month of May. If you do this they might also cancel the impending £80 fine.

If they don't cancel the £80 fine there are 2 avenues of defence you can use.

1. The government white paper for this legislation on the DVLA stated that this legislation was intended to be used against the criminal fraternity, not the innocent absent minded motorist. And you ask them in writing if they consider you to have done this deliberately as a criminal or absent mindedly? And they have been known to withdraw the fine after such a letter.

2. The £80 is to be collected as a debt owed to the crown, it is not dealt with in a criminal court. Article 6 of the human rights act gives everyone the right to judicial appeal (by a court or appeal service appointed in law). But the DVLA do not give that option to motorists. They just assume you are liable for the £80 debt and collect it as such through a civil court. Hence, your legal argument to be put before the civil court judge is that you are not liable for the debt as you have not been given the opportuntity (within a reasonable amount of time from date of alledged offence) of legal appeal to determine whether or not you are liable. The claim against you should then be thrown out of court. I believe also that you can counter claim against the DVLA for wasting your time.

I am not particualrly up to speed on either line of defence but they are good points from which to start.

If the fine you have already received from Gosport cl. is in 2 parts then you should appeal the part about the ticket not the tax disc. It may be an all encompassing fine for no ticket and or no tax disc, in which case you should just pay it within 14 days. The council will report the sighting of your untaxed car to the DVLA.


You should also send the DVLA a notice of change of address, for your car and your drivers licence.

flutterbyuk25

If you have only missed one month's then no fine would have been issued yet by DVLA, as they go out after 2 missed months.

So do as Wig said, tax is now from June, ring DVLA to find out how much you owe for May and they will tell you where to send cheque and covering letter.

HTH

x

Miramar35

Wig wrote: »

What you should do, TODAY, (to try to avoid this happening), is phone DVLA and inform them you have just renewed your tax today starting 1st June, it was an oversight on your part, and ask them if they can help you to back-pay for the missing month of May. If you do this they might also cancel the impending £80 fine.

.

Thank you Wig, your advice is so appreciated...
I dd call DVLA yesterday (1 June), been told to send a letter to the local DVLA.. I've sent a letter of apologies & request of payment for the missing month.. I'm sorting out the change of address... Fingers crossed they will not charge me penalties..

You've been fantastic with all the information!
x

Miramar35

nexuss wrote: »

Ignorance is no excuse.You were trying it on and got caught.

If you don't have something positive to say don't say anything at all.
You are contradicting yourself a bit.. "ignorance" = a person who lacks knowledge or is unaware of something & than you say I have done the offence purposely??

Miramar35

flutterbyuk25 wrote: »

If you have only missed one month's then no fine would have been issued yet by DVLA, as they go out after 2 missed months.

So do as Wig said, tax is now from June, ring DVLA to find out how much you owe for May and they will tell you where to send cheque and covering letter.

HTH

x

You were right. I've sent a letter of apology for the late payment & requested to pay for the missing month asap.. then I talked to a person from DVLA local office & she told me there is not a problem as they are checking for late payments every two months. I received a letter back stating that I can pay for the missing month only. I am so relieved!!!
Thank you all for the kind advice!! x

twentypenceoff

everyone larfs at my household diary, buts its got reminders for all the car tax, mot insurance services etc three weeks before they are due, so no remembering tio be done

Bri4u_2

Hi All ! My car was towed in Feb ( I didnt know I called the Police ) The woman in the Post Office said to leave it till end of the month to get a Tax Disc. I paid some £260 to get my car freed. Now 10 Months later, I get a summons to the magistrates office. Can I be fined twice ? Why 10 months later ?? Any help/advice please??