Can I fight tax disc fine or should I pay up?

MiM

Hi - can anyone assist?

I'd renewed my tax disc online, but admittedly late in the month.

It arrived and I put in on display.

A few days later a fixed penalty notice arrived as I'd been recorded while not displaying.

I never had any intention not to pay the tax and can prove it as I'd paid for the disc at the time I was spotted.

Is there any point appealing or do I just have to swallow it?

Thank you!

HappyMJ

You do not have to swallow it. Remember it is NOT a fine...it is just a penalty issued by an agency of a department of the government. If you do not pay it then they have to take you to court and that court is only a civil court. If they can then prove the debt exists then they may be able to get a CCJ against you and then enforce payment by asking you to pay by sending bailiffs to you...ignore them and nothing happens. The likliehood of this happening....very very low.

MiM

But don't I risk getting fined more by the court than the £63 fixed penalty?

vax2002

What is the offence ?

Stephen_Leak

Failure to display a valid tax disc.

The fact that you'd paid for it is irrelevant.

However, it's always worth a letter and throwing yourself on their mercy.

For next year, the "Tart Alert" reminder system on the main MSE site can be used for lots of things, not just credit cards. Input the expiry date, the text "Car Tax", your e-mail address and/or mobile number. 6 weeks before the date, you will be sent a reminder e-mail and/or text message saying "Your Car Tax is going to expire in 6 weeks".

HappyMJ

MiM wrote: »

But don't I risk getting fined more by the court than the £63 fixed penalty?

I think you missed the word NOT when I said it's not a fine...it's a penalty. You said you were spotted. By who? Do they have proof? It is a risk/benefit calculation but the penalties that I've had from that useless agency just go in the bin. I get a few more letters asking for payment and they all go in the bin. If they want to prove that a debt exists they take me to civil court. Only a criminal court can issue you with a fine enforcable by a prison term and this is not a criminal offence.

Rover_Driver

HappyMJ wrote: »

You do not have to swallow it. Remember it is NOT a fine...it is just a penalty issued by an agency of a department of the government. If you do not pay it then they have to take you to court and that court is only a civil court. If they can then prove the debt exists then they may be able to get a CCJ against you and then enforce payment by asking you to pay by sending bailiffs to you...ignore them and nothing happens. The likliehood of this happening....very very low.

It is a criminal matter, not civil. The offence is failure to display a licence, contrary to s.33 Vehicle Excise and Registration Act 1994.

If it is a police fixed penalty notice, if it is not paid it is increased by 50% and treated as an unpaid magistrates court fine.

HappyMJ

Rover_Driver wrote: »

It is a criminal matter, not civil. The offence is failure to display a licence, contrary to s.33 Vehicle Excise and Registration Act 1994.

If it is a police fixed penalty notice, if it is not paid it is increased by 50% and treated as an unpaid magistrates court fine.

It sounds to me like the automatic penalty that comes in the mail when you forget to tax or SORN your vehicle on time.

If it is a FPN then that FPN has to be withdrawn and the matter taken to court. However, if the police did pull the OP they would have only reported the matter to the DVLA for them to take action. It's very unlikely that the police officer would issue a FPN and follow it through to court.

The "offence" also does not appear on a criminal record.

lemontart

how many days after the old one expired was this, if 5 or less and you still had old one displayed it whilst waiting for new one should be ok if longer then no you have to pay also if you had no disc at all, check the faq's on their website about this

Obukit

MiM wrote: »

I'd renewed my tax disc online, but admittedly late in the month.

Do you mean you renewed it after it had expired, or at the end of the month prior to it expiring?

Who is the fine from, the DVLA or the police?

jerczu

Just pay it. £63 is not some ridiculous amount you didn't display you got caught just pay the bill.