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

MiM

Wooah! Only asked a civil question! Yes, I've been careless (okay then, foolish) in not renewing in time and apologies if I didn't give all the info required but some of the responses on here are a bit tetchy!

If you don't think I'm worthy of your wisdom I understand you're viewpoint but please move on, don't insult me.

Personally I don't agree I deserve a fine - technically I'm in breach but nobody lost out except me if I have to pay up.

I'm really grateful for everyone who's kindly offering help, it's appreciated.

Having said all that, I'm afraid my case suffers further when I've checked the details on my bank statement. I made the payment later on the day I was reported.

It may not be worth anyone's time reading further, so thanks again if you decide enough is enough at this point, but...

Previous disc expired end of February and I renewed online on March 19.

Letter is from DVLA, address says DVLALO (ENF) Newcastle Enforcement Centre.

The letter says (slightly abridged): "We have received an offence report that at xxx the above vehicle was seen in xxx being use/kept whilst unlicensed. Even if the vehicle has been licensed since this date, the offence still stands...

We now request you take action on either A or B below...

A) If you were the keeper an out of court settlement of £63 is required to avoid court action. You must also complete part 1 and 4 overleaf.

<This is about if you're not the keeper so doesn't apply>

The offer does not affect any separate penalty the police or courts may have..."

Thanks to anyone who kept reading to this point!

Rover_Driver

That is not a fixed penalty notice for not displaying a licence, it is an out of court settlement offer for using or keeping an unlicensed vehicle - a different matter, which is contrary to s.29, Vehicle Excise and Registration Act 1994.

As it was on the same day as you paid for the new licence, a letter may help.

Sgt_Pepper_2

HappyMJ wrote: »

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.

The police may well issue a £60 ticket for no tax/failing to display.

Wig

OP,
A pity you did not quote which section was quoted in the letter they always quote a section. Usually at the bottom of the letter in a little P.S. box
Most likely as Rover says S 29. Vehicle Excise and Registration Act 1994
and S. 46 Vehicle Excise and Registration Act 1994

What time did you renew online? Later that day possibly that evening when you got home from work. Not the time payment was taken, what time were you doing this online...you must remember what time you did it....don't you have a confermation email?

No matter, you -most likely- commited the offence, you could be looked upon by DVLA (if you did write to complain) that you saw the dvla van and then taxed it online as quickly as you could to try to avoid a fine.

Considering how DVLA has taken a pasting in court over the SORN/failure to tax automatic penalty (which is the one they don't like to take to court anymore because they may lose). I would imagine that DVLA would be jumping up and down eagerly awaiting to take anyone to court for this sort offence which they will win in court -usually-. I can't remember if we had a similar thread of a guy with a court date fairly recently.

My advice, write the mitigation letter to the address but do not leave it unpaid past the allowed time for payment, if you have not yet had a reply to the letter.

I don't think they will let you off and you would be wise to pay it rather than end up in court and pay 3 times that amount.

lemontart

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.

thats what I meant perhaps I worded it wrong

MiM

Thanks for all your kind help, which admittedly I don't deserve - should have renewed on time.

Will try a letter and also pay up before the date given.

vax2002

Are you trying to tell us DVLA have sent a speculative invoice that makes no mention of any offence code or legislation that it is served under ?
If this is the case, they will be going nowhere near a court.

HappyMJ

vax2002 wrote: »

Are you trying to tell us DVLA have sent a speculative invoice that makes no mention of any offence code or legislation that it is served under ?
If this is the case, they will be going nowhere near a court.

I agree and the court they could take this matter to is a civil court (crown court) to get a CCJ and they just don't do that any more as it did not raise enough money. They will sell the invoice onto a debt collector for them to try and obtain the money. If that fails then they just give up.

The police don't tend to issue failure to display penalties for the same reason. The paperwork is too much so they just refer it to the DVLA. Of course if the officer wanted to they could issue a penalty but if you are nice enough rather than confrontational they'll just give you a verbal warning to get the car tax disc displayed.

vax2002

Its a bit damn cheeky thats what this letter is, it is neither a penalty or a fine, it is just basically a begging letter.
However the OP only came here for a beef, so it will be getting paid.
The only chance they would have had at a conviction would have been if a FPN had been issued, now the problem is FPN notices can only be issued by those with devolved powers, which DVLA operatives dont have, they have to get one served by police officers or civil enforcement officers hence why they run "joint" ventures, so the the person in the van, has no power to issue a FPN, it can not be re-issued unless observed by someone with power to issue it at the time of the offence, which it was not, so all they can do is send a strongly worded begging letter and sell the speculative invoice to a debt collector, they would not obtain a ccj if correctly defended as it is not an enforceable charge, just an offer to pay an invoice.

Wig

The OP will have received a letter stating DVLA have received an offence report alleging the vehicle X was seen being used/kept on a public road without a valid road fund licence*. This remains an offence even if the vehicle is licensed later

At the bottom of the letter there will be:
*Contrary to S29(1) of the VERA 1994

The DVLA will take such a case to the magistrates court and they will more than likely win, as OP taxed after it was spotted. You can't use the Interpretations Act in this one. There are no debts or CCJs on this one, it is a criminal offence in a criminal court.

OP could try to call their bluff ignore until they send a Court Requistion, to which the OP could reply "not guilty" and tick they require the witness to attend in court. If DVLA contacts OP they can choose to not divulge any info regarding what their defence will be. DVLA may very well back down at this point rather than have the hassle of getting the witness to appear in court, as it will be OP's right to have them appear in court. Alternatively they may wait until you appear in the court building and have 50 cases to deal with that day one of which will be yours, and you will likely be the only person to turn up, so the prosecutor wil offer to have a chat before court and if you impress him he will withdraw the case there and then. But I fail to see any impressive argument to make in this case.

It is after all only a small amount of money they want off the OP, and in court it would be about 3 or 4 times that amount plus costs.

But it is a gamble and the DVLA may take it all the way and win and claim lots of costs.