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Can I fight tax disc fine or should I pay up?
Comments
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Ok, pretend I'm writing a story.
Jack was strapped for cash, haven't most of us been in that situation?
Come the end of February he needs to renew the road tax for the vehicle he is using daily..So, not having the ready cash available, in March he continues to drive his vehicle on the road and hopes that no eagle eyed person will spot that the currently displayed tax disc is out of date, but if they do, he'll (try to) wriggle out of the situation on the basis that he ( made a special visit to the post office) paid for the current tax disc that very same day! Yes, he renewed his tax disc on the 29/03/.... . He'd have waited till the 1st day of the next month before renewing ( if ever) if he hadn't had a hand clamped on his shoulder/ letter saying " You've been done son" or words to that effect.
Jack feels he's been hard done by.0 -
poor jack:easter_os:EasterBun0
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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.
It is not an penalty, begging letter, fine or an invoice, it is a offer to avoid a prosecution in the magistrates court for the criminal offence of being the registered keeper of an unlicensed vehicle. It is not 'sold to a debt collector', if it is declined, the next step would be a summons to magistrates court.
Debt collectors only get involved with civil debt matters, like an unpaid Late Licensing Penalty, not criminal matters.0 -
Wig is quite right, the s29 VERA notice is appears as predicted - this is a criminal not a civil matter.
I'll pay up and shut up.
PS Wouldn't Jack have had to explain where the car was during the untaxed month?0 -
Wig is quite right, the s29 VERA notice is appears as predicted - this is a criminal not a civil matter.
I'll pay up and shut up.
PS Wouldn't Jack have had to explain where the car was during the untaxed month?
A wise decision.
Jack wouldn't have to explain where the car was, the words 'on a public road' were removed from s.29 VERA 1994 by the Finance Act 2008.0
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