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    • Thank you all   JK, I agree; if they were to accept my full claim today, then the interest would be around 8-9 pounds. If I were them, I would have offered to pay the interest and said no to the 12 pounds for the letters. These have not been mentioned, which is my mistake.   As you pointed out, if the judge were to award at 4% and I did not get the letters, I would get less.   Bank, thank you. I do hear what you are saying. If I am to continue with this, then I will need to pay an additional trial fee of £59. If I win everything, then great, but if I win less the claim and court fee, then I lose out. I am not sure what the judge will think about the interest. I think we have to remember that I won the item and, therefore, did not pay a penny for it. Yes, I have had to purchase an additional one, but maybe the judge will hold this against me. I am content that this is a win. I have not signed any non-disclosure clauses, and they do not ask for this either in their offer. 
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    • Well you would think that would be the case. Sadly i doubt there is one honest broker within the BPA or IPC and most of their members. they are there to take as much money as they can from motorists regardless of PoFA.   Take the Consideration  period for example. This is a minimum of 5 minutes to allow motorists to find a parking space, read the T&Cs giving them enough time to leave the car park without having to pay if they decide not stay. Simple. Well it would be simple if it were any other company than BPA [or IPC who have now fallen into line with BPA's "reasoning"].  You see if you decide to stay then despite the fact that during the Consideration period when you still weren't classed as parking , once you accept the terms [with all the underhand little tricks designed to trip you up] that five minutes is now included in your parking time. [No not the parking period because the poor dears who ANPR cameras are apparently unable to work out what the exact parking period is since their ever so infallible cameras [yeah right] are incapable of tracking cars once they are in a car park]. After 12 years they still haven't worked out a way of doing it. Some of them fudge and the majority [with a wink fro their ATA [Accredited Trade Association though it should be Discredited Trade Association] just ignore the parking period all together. This is what BPA claim is the Consideration period Entrance grace period: This is for when motorists enter a car park, read the signs and/or attempt to make payment then leave. In these instances, motorists must be offered a reasonable amount of time before an operator takes enforcement action, but we do not define this time, due to the variance in size and layout of car parks. An entrance grace period for a small, permit-only car park could be below 5 minutes, whereas for a large multi-story this could be 15. But  heaven forbid that anyone should leave 6 or 7 minutes after entering  their member's car parks. . They are dutybound to receive a PCN. This is regardless of how busy the car park would be [Christmas eve for example ] .Our minimum is their maximum. Moving on to Grace periods. Again BPA gobble degook. Exit grace period: This must be a minimum of 10 minutes and this is when a motorist intends to stay – for example, if you paid for an hour but spent a total of 1 hour 10 minutes on-site, you will not receive a PCN. It is important to note that the grace period is not a free period of parking however and should not be advertised as such. If that ten minutes in not free parking what is it. their members all think they can send out PCNs for anything after 1 minute after the exact time never mind ten minutes. Our snotty letters have stood the test of time. Do not try to reinvent the wheel -especially with DCBL . They don't even know what a non compliant PCN is for goodness sake! You already know more about PoFA then they do. However if you include that they will find a way to disabuse the Judge of your logic and the law. So don't give them the chance.  I am sure you have the Parking Prankster going on about the rogues misusing the rules on planning permission by lying and stating that they had "retrospective permission". There is no such thing in English law yet Judges were swallowing it until one Judge pulled up Parking Eye about one of their Witness Statements alluding to "rp" by claiming it was "tantamount to perjury".  It wasn't tantamount,it was plain and simple perjury. Parking Prankster: The great private car park planning approval scam PARKING-PRANKSTER.BLOGSPOT.COM Guest blog from shuteyepark, from the Consumer Action group forums In December 2013 my daughter received a Parking Charge Notice (PCN) fro... Hope it wasn't too long winded Nicky Boy.🙂
    • and more immediate issues WT* is the UK doing. Ukraine needs these funds and weapons NOW Lets sincerely hope this isnt another Tory VIPal skimming issue.   MoD accused of ‘go-slow’ with half of £900m Ukraine fund unused | Defence policy | The Guardian WWW.THEGUARDIAN.COM Delays mean just £404m of the money donated by nine countries has been committed or spent  
    • If everyone who wanted or needed a permit could get one easily how would PCM make any money?    
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bought a car saturday afternoon no tax supplyed are you able to drive it around?


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when i bought my car from a dealer they said they do not tax vechicles they sell. this was on a saturday afternoon so i could only tax it on monday, i had the rest of my particulars, insurance etc was i still legal to drive? i have been unable to find out any were else.

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No.

 

You can't put a car on the public highway unless it is taxed.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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not having car tax is NOT a criminal offence it is a civil offence. afaik no post office opens past 12.30 on a saturday and it is the customers responsibility to make sure all the documentation is in order before the vehicle is used on the public highway un less it is a brand new vehicle

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Guest 10110001
not having car tax is NOT a criminal offence it is a civil offence.

 

The police say they don't get involved in civil matters.

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not having car tax is NOT a criminal offence it is a civil offence.

 

There are two distinct offences

 

No VED is a civil offence and is pursued by DVLA.

 

Failure to display VED (regardless of whether you have a disk or not) is a criminal offence and is dealt with by the Police - usually £30 non-endorsement FPN.

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NOT having your car taxed, when on a public highway, also invalidates your insurance...;)

 

Was there NO P.O. open in Brum on a Sat afternoon??...:confused:

 

 

i had to collect the car from wednesbury at bout 4pm by the time back in brum all is closed

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not having car tax is NOT a criminal offence it is a civil offence. afaik no post office opens past 12.30 on a saturday and it is the customers responsibility to make sure all the documentation is in order before the vehicle is used on the public highway un less it is a brand new vehicle

 

 

2001 car so obviously not brand new, i was'nt coverd then

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As far as I know, dealers are not allowed to release the car without all the legal documentation. I bought one several years ago and the dealer took me to the PO for a tax disc for the reason stated.

 

 

 

can any body be sure about this because i might use this in my defence in a on going issue i have with them, need to be sure though:rolleyes:

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Ive bought a number of cars from dealers and they sometimes dont have tax.

 

The reality of the situiation is you run the risk of a FPN for No VEL but thats the risk you take. It certainly doesnt invalidate your insurance.

7 actions in progress

 

amount refunded so far £6500

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can any body be sure about this because i might use this in my defence in a on going issue i have with them, need to be sure though:rolleyes:

 

I have been a second hand car dealer for nearly thirty years now and I have never heard anything like that before. As soon as you, the customer hand the money over the vehicle becomes your property and your responsibility. Liability for a RFL lies with you. In fact I always put the time of day by the date on the invoice so I get no nasty surprises in the post. What I sometimes do if the customer has off road parking at home is to run the vehicle home for them on trade plates and the rest is up to them. There are some post offices that are open Saturday afternoons for road tax, we have one locally that is open till 6pm Monday to Saturday. You should have left the car at the dealers and returned for it when you had the road tax. Many dealers will not tax a car for customers simply because more often than not the customer hasn't changed his insurance and they want the dealer to use his trade policy, but then we never can be sure that the customer will actually insure the car. Every vehicle I send to auction has no road tax (any outstanding I always apply for a refund) some have no MoT some have no logbook some might have no paperwork at all, so to say dealers cannot sell a car without all it's documentation I would suggest is ridiculous.

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No.

 

You can't put a car on the public highway unless it is taxed.

 

Unless travelling to/from a pre-arranged MOT appointment or for repair work after failing an MOT, or to comply with the instruction of a police officer (if I recall correctly).

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I have been a second hand car dealer for nearly thirty years now and I have never heard anything like that before. As soon as you, the customer hand the money over the vehicle becomes your property and your responsibility. Liability for a RFL lies with you. In fact I always put the time of day by the date on the invoice so I get no nasty surprises in the post. What I sometimes do if the customer has off road parking at home is to run the vehicle home for them on trade plates and the rest is up to them. There are some post offices that are open Saturday afternoons for road tax, we have one locally that is open till 6pm Monday to Saturday. You should have left the car at the dealers and returned for it when you had the road tax. Many dealers will not tax a car for customers simply because more often than not the customer hasn't changed his insurance and they want the dealer to use his trade policy, but then we never can be sure that the customer will actually insure the car. Every vehicle I send to auction has no road tax (any outstanding I always apply for a refund) some have no MoT some have no logbook some might have no paperwork at all, so to say dealers cannot sell a car without all it's documentation I would suggest is ridiculous.

 

Indeed, well said. One question though - dealers taxing cars (using their trade policy) is commonplace. Your bit about "can never be sure the customer will insure the car" - do you say that purely from a sense of community, or is there some kind of obligation upon you?

 

With the advent of ASKMID it is quite easy to put insurance in place and then be able to tax the vehicle (online if necessary) - though the system can take a little while to be updated.

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Hi, myself and many dealers that I know are reluctant to tax cars using the trade policy because we take road insurance very seriously. It is as you say due to a sense of community, not obligation. I have read of too many horror stories involving uninsured motorists. Personally I feel that the punishment for such offences makes it sometimes more attractive for the car owner to take a chance and have no insurance.

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Hi, myself and many dealers that I know are reluctant to tax cars using the trade policy because we take road insurance very seriously. It is as you say due to a sense of community, not obligation. I have read of too many horror stories involving uninsured motorists. Personally I feel that the punishment for such offences makes it sometimes more attractive for the car owner to take a chance and have no insurance.

 

Take my hat off to you Sir, I respect that.

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Last time I bought a car from a dealer my insurance company faxed a cover note to them with the registration number of the car I was buying - when I picked up the car it was taxed ( I had to pay for it beforehand).

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i was given 7 days free days insurance cover which i did use to tax the vehicle so that was not a problem. my point is i was told by the dealer i would be fine over the weekend & not to worrie, i'd be fine if i explaind i just bought the car and was unable to tax it yet. im getting the picture that this was not true and the car should of been taxed befor driven and if caught i would of been liable.

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I would suggest that the dealer gave bad advice. Having just purchased a car is no defence for having no road tax. You would be liable if pulled up by the police. Obviously some police officers are understanding and would let you on your way, however most would report you to the DVLA.

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As far as I know, dealers are not allowed to release the car without all the legal documentation. I bought one several years ago and the dealer took me to the PO for a tax disc for the reason stated.

 

The above was a small dealer (had less than 30 cars). Other cars I have bought (or attended at the purchase), have been from a variety of main and small dealers. All were old cars and all insisted a valid insurance certificate was produced (usually faxed to them by insurance company) and tax disc before leaving their premises. Apart from the dealer who took me to the PO, all the others added the tax disc fee to my purchase then collected the tax disc themselves.

 

Having experienced the above on over 10 occasions (in different City/Towns) I assumed it was compulsory. Maybe, it is just "good practice".

 

Failure to display a tax disc is a criminal offence. It can be argued that handing over the keys to a car that is known to be untaxed is "aiding & abetting" a crime. I have no idea if the police would try (or have tried) prosecutions on dealers. I would say dealers are taking risks though as they are a key group of people who can limit car tax evasion. If some-one drove uninsured from a garage and had a accident involving fatalities, then the police would probably throw the book at anyone they could.

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Failure to display a tax disc is a criminal offence. It can be argued that handing over the keys to a car that is known to be untaxed is "aiding & abetting" a crime. I have no idea if the police would try (or have tried) prosecutions on dealers. I would say dealers are taking risks though as they are a key group of people who can limit car tax evasion. If some-one drove uninsured from a garage and had a accident involving fatalities, then the police would probably throw the book at anyone they could.

 

I disagree. Firstly no road tax is not a criminal offence. If the police stop you they do not prosecute but send the details to the DVLA who themselves take you to court.

Handing over keys to a vehicle without road tax cannot be seen as aiding and abetting, because maybe the vehicle isn't actually going to be used on the road. I have sold cars that are going to be exported, or are going into a private collection and will never be used on the UK roads again. I have sold vehicles to people who don't have a driving licence, the car is a birthday or christmas present for somebody else. It has been up to those individuals to employ a driver to move the car. It is not my responsibility what somebody does with an item once I have sold it to them. If they choose themselves to break the law I cannot see how I could be held responsible. I have on occasions advised buyers to leave the car where it is and come back when they have road tax, some do whilst others laugh and go on their merry way. I would say that my only responsibility with the vehicle lies with the roadworthyness of it.

I would bring up my point again about the vehicles I send to auction each week. If it was illegal then BCA would be out of business next week.

Many a time I have come out from a car auction and have seen the police sitting at the side of the road waiting to pick up private people coming out in newly purchased cars, ready to pounce for no MoT insurance etc. and the only person they prosecute is the man or woman sitting in the driver's seat.

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Firstly no road tax is not a criminal offence.

 

Correct, but failing to display road tax is a criminal offence

 

Handing over keys to a vehicle without road tax cannot be seen as aiding and abetting, because maybe the vehicle isn't actually going to be used on the road... It is not my responsibility what somebody does with an item once I have sold it to them. If they choose themselves to break the law I cannot see how I could be held responsible.

 

Agreed. The responsibility would be completely of the person driving the vehicle.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi Guys

Been in the car trade all my life and the main reason i would not tax a car with my trade policy is because the car would then be put in my name so if a car needs taxed then its up to the buyer to tax car Some car dealers will tell you whatever just to get the sale

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