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

Rover_Driver

MiM wrote: »

Thanks all, even those who said, 'You're guilty, pay up'.

I know that technically I am guilty but I think it's unfair.


I think I might have been detected by one of those vans at the side of the road because the time is 8.55am near my workplace. It was March 19 so I'm well out of any grace period.


I'm going to try writing as I don't think it's right that I shoudl pay a penalty that's there to deter peopel from doing something I wasn't doing.

However, I think I've got no chance because if they give in to me it wold set a precedent that cold cut off a useful revenue stream to DVLA.

It wouldn't have been detected by a van, they only check the numberplate to see if a vehicle is licensed, DVLA would then deal with any they found as an unlicensed vehicle.

Your circumstances are different, it is irrelevant if the vehicle is licensed or not as the offence is 'not displaying a licence' which is another offence, and would have been seen without a licence by the person who issued the FPN.

patman99

Still driving the vehicle when the VED has expired 19 days previously does show complete stupidity by the OP. I will assume they didn't have the cash to pay the VED at the time it was due, in which case they should have left the car at home and walked everywhere.
OP, pay-up and think yourself grateful that such penalty charges don't automatically get reported to your insurers, or worse still, that you did not have an accident or you would have a lot of explaining to do.

HappyMJ

patman99 wrote: »

Still driving the vehicle when the VED has expired 19 days previously does show complete stupidity by the OP. I will assume they didn't have the cash to pay the VED at the time it was due, in which case they should have left the car at home and walked everywhere.
OP, pay-up and think yourself grateful that such penalty charges don't automatically get reported to your insurers, or worse still, that you did not have an accident or you would have a lot of explaining to do.

It is not a reportable or endorsable offence. It is an administrative error on the OP's part. It's not even serious. Even if OP had an accident with no tax disc then it doesn't matter. The insurance is still valid. If the police were called they'd only report the matter to the DVLA. They wouldn't even tow it away. Only no insurance would cause the vehicle to be towed by the police. The DVLA will tow it for no tax when they do local clampdowns.

hartcjhart

take HappMJ's advice at your peril

more here

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/HowToTaxYourVehicle/DG_10021514

Wig

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.

I find your post alarming, you are the first respondent and because the OP has not laid out all the facts you are in the dark about what has happened to OP yet your advice is to essentially say "ignore it".

I have yet to read the rest of the thread but from the sounds of the OP ignoring this would be a very, very stupid thing to do.

Wig

Notmyrealname wrote: »

Completely wrong. That only applies if you apply for a new tax disc before the old one runs out. The old one had run out. The OP was keeping the car on the road without displaying a valid VED disc which is what they have been fined for.

Pay up, you're guilty.

At the time you wrote this #15 you have no idea if the OP bought the disc after expiry or not because they have not said. What the OP has written could be taken either way.

Wig

OP,

Who is the letter from?
What EXACTLY does the letter say?
What date did you previous tax expire on?
What date did you apply for online tax?
You were spotted on March 19th 08:55am
What date did your disc arrive?
What date did you put it in the windscreen?

If you come to forum for advice you start by laying ALL the facts first.

HappyMJ

hartcjhart wrote: »

take HappMJ's advice at your peril

more here

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/HowToTaxYourVehicle/DG_10021514

Well that website is incorrect from the beginning. It says and I quote "If the vehicle is kept off-road it must either be taxed or have a SORN (Statutory Off Road Notification) in force. If not it could be wheel clamped or removed." That is not correct. The vehicle must be on the road to be able to be clamped or removed.

Rover_Driver

HappyMJ wrote: »

Well that website is incorrect from the beginning. It says and I quote "If the vehicle is kept off-road it must either be taxed or have a SORN (Statutory Off Road Notification) in force. If not it could be wheel clamped or removed." That is not correct. The vehicle must be on the road to be able to be clamped or removed.

It is correct, a vehicle that is not licensed or SORN can be clamped, or removed from anywhere except:

(a) any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or
(b) any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings

Schedule 2A, Vehicle Excise and Registration Act 1994, as amended by Finance Act 2008.

Rover_Driver

HappyMJ wrote: »

It is not a reportable or endorsable offence.

It is a specific offence, contrary to s.33 Vehicle Excise and Registration Act 1994.

No points, but up to a level 1 (£200) fine on conviction.