help with dvla and police

[faganagent]

Can anyone help me on this matter i was stopped by the police yesterday and was completely suprised when they told me that i hadnt got an up to date tax disc in my car. I then realised that i had paid and applied for my car tax online 6 days before my old one was due to expire and it had not been received by me in the post. I had simply forgotton about it. If it had been received by me in the post the first thing i would have done is put it in my car but with all the post issues it actually arrived the day after the police stopped me (7 days after my old disc expired) I explained to the police that i had paid for my car tax and was waiting for it to come in the post but they still issued a £60 fine for not displaying. Does anyone think this is worth appealing in a court or not?

The police even checked on their database and said they could see i had currently paid for my tax but that it was not displayed and didnt want to know when i said that that was because i hadn't received the disc yet.

Help

[barracad]

Originally Posted by faganagent

Does anyone think this is worth appealing in a court or not?

No.

The offence you have comitted is failing to display a current tax disc. Whether the car was taxed or not is irrelevant.

[faganagent]

Hi. Even though i was waiting for it to come in the post from the dvla?
That will be the last time i apply online at least you have it in your hand when you get it from the post office.

[barracad]

Yes - if you drive a vehicle without displaying a tax disc, you are comitting an offence - doesn't matter whether you're waiting for it to come in the post, if it's been stolen and you're waiting for a replacement, or if the dog ate it.

If you aren't displaying a valid tax disc, you shouldn't have the vehicle on the road.

[Conniff]

Although this is an offence in it's own right, it shows that there is instructions to the police to make as much money as they can from motorists.
Yes you did commit an offence but I would try an appeal anyway. The attitude of the officers that stopped you was just bloody minded, another one to chalk up on their tally board when they get back to the station.
This is just one reason in a series of thousands why the police are loosing respect from the man in the street. They like their high and might position and enjoy watching the discomfort of technically innocent motorists.

[patdavies]

Originally Posted by Conniff

Although this is an offence in it's own right, it shows that there is instructions to the police to make as much money as they can from motorists.
Yes you did commit an offence but I would try an appeal anyway. The attitude of the officers that stopped you was just bloody minded, another one to chalk up on their tally board when they get back to the station.
This is just one reason in a series of thousands why the police are loosing respect from the man in the street. They like their high and might position and enjoy watching the discomfort of technically innocent motorists.

I fail to see any ground for appeal that the Magistrates would listen to as regards not being guilty of the offence.

You might get the penalty reduced, but would be liable for CPS costs (usually around £35) and the victim surcharge (£15).

[mcjohnson]

I would check the post-mark and franking of the reply from the DVLA. If it indicates that they recieved and processed your payment, then didn't send the disc to you for several days I would make a claim against them for the loss. Otherwise, these things are distributed by first-class post and I would claim against Royal Mail.

I would argue that the cost of incurring the fine was less than the loss of earnings that would have been incurred for not attending work because your vehicle was unavailable (due to either of their failures).

[dave]

Sadly, they were right. Morally, IMO, they were wrong.

In this day and age they can check that the tax had been paid for, so what's the problem?

It seems archaic and unfair to me.

[mcjohnson]

It's archaic that you need a small piece of paper in your window to prove you've paid your tax (imagine if you had to do that with Council tax!!), and it's outdated, because the police can check in seconds with the DVLA.

The sooner the authorities move into the 21st Century and start getting rid of completely benign things, such as tax discs, the better. Tax discs just increase your exposure to car-crime (one more thing to nick), and are a completely useless and redundant entity.

In response to the above, I agree that the police were perfectly within the law to fine you. However, if the DVLA has taken an unacceptable amount of time to dispatch or the post office an unacceptable amount of time to deliver, your tax disc there is no reason you could not pursue them for your losses...

Or you could take it on the chin, and walk to the post office next year

[dave]

That's the thing - for me, in any case, I have no way to get to the post office to buy it - I get 30 mins for lunch and I am 10 mins from the post office. When I get there, I have to find somewhere to park (no mean feat!), and then pay to do so, then queue up for about an hour as all the local post offices have been shut down.

It's cheaper to pay the fine that it is to pay for the tax.

[alibobsy]

What is worse is that although this is an offense and can be enforced most police forces in this country don't bother with fail to display. About time it was removed as an offense.
ali x

[barracad]

Originally Posted by mcjohnson

I would check the post-mark and franking of the reply from the DVLA. If it indicates that they recieved and processed your payment, then didn't send the disc to you for several days I would make a claim against them for the loss. Otherwise, these things are distributed by first-class post and I would claim against Royal Mail.

I'm afraid you would have no claim against either DVLA or Royal Mail.

[NitrousOxide]

The reason they won't abolish the paper tax disc is simply due to the fine for failing to display.
The OP quite clearly had up to date tax yet was still fined for not displaying.
Many people still forget to display it and of course get fined. Another way to make money.

[faganagent]

Hi just wanted to say thanks for your comments. Have decided to just pay up (again) for the fine but have written a stinking letter to go with the fine - which im sure will probably not be read and thrown away but it made me feel a little better.