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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Fine for not Displaying Tax Disc


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Hey guys,

 

My Dad received a fine today for not displaying his tax disc. He received a new tax disc yesterday, after waiting almost three weeks for it to arrive from the DVLA and, in fact, it was in the car. However, he damaged the tax disc holder yesterday when removing the old disc, so the new disk was just left on the dash and had fallen off. Has anyone had any experience of contesting these fines? Is it worth doing so? Obviously a simple check with the DVLA will show that the tax was paid for and valid.

 

Thanks in advance for any advice

 

FM

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The law does state that an offence is committed for not displaying the disc....

 

33.—(1) A person is guilty of an offence if—

 

(a) he uses, or keeps, on a public road a vehicle in respect of

which vehicle excise duty is chargeable, and

 

(b) there is not fixed to and exhibited on the vehicle in the

manner prescribed by regulations made by the Secretary of State a

licence for, or in respect of, the vehicle which is for the time being

in force.

 

However, it may still be possible to avoid the fine if the circumstances are explained - I certainly don't think it would be appropriate to issue the fine if what you describe is an accurate description of events. Unfortunately my view will not be enough... :D

 

Good luck - hopefully someone who has contested in this manner will read your plight and offer guidance.

 

p.s. Does your father have any breakdown or insurance policy that offers free legal advice for motoring related matters? Worth a call if he does...

..

.

 

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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On the downside (as if there aren't enough) I believe this is a "strict liability" offence which - in the simplest of terms - means that not being at fault or not knowing is not a valid defence.

 

Let's hope you find someone who has experienced the same...

..

.

 

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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However, it may still be possible to avoid the fine if the circumstances are explained - I certainly don't think it would be appropriate to issue the fine if what you describe is an accurate description of events. Unfortunately my view will not be enough... :D

 

Well, that's good enough for me. You'll get my vote if you ever run for PM... :p

 

p.s. Does your father have any breakdown or insurance policy that offers free legal advice for motoring related matters? Worth a call if he does...

 

I'm not sure. I'll check with him and see. The trouble is, he's in Glasgow, I work in London and I'm heading to Canada for a couple of weeks tomorrow. I know that if I leave it with him, he'll just pay the fine. Oh well, maybe it will teach him to be more careful in future... :rolleyes:

 

Thanks for your input, guys. If anyone else can offer anything on this, I'd appreciate your thoughts...

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The section quoted above relates to 2 distinct offences.

 

1) Failure to have VED for a vehicle on the public highway. Which does not apply as he had the tax disc, but not on the windscreen.

 

2) Failure to display a valid VED disk. That there is valid VED is immaterial; the disk must be displayed and fixed to the vehicle. If the disk was resting on the top of the dash and visible through the windscreen then a penalty for this is over-zealous, but factually correct as the disk was not fixed, the fact that it fell off is testament to this. It had fallen off, so it wasn't on display at all, then there is no argument - the penalty is valid. The broken disk holder is irrelevant - the disk could have been sellotaped to the screen temporarily.

 

I'm afraid to say that he will have to pay it. If you send your defence/miitigation as you have outlined here, you are simply admitting the offence.

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I'm afraid to say that he will have to pay it. If you send your defence/miitigation as you have outlined here, you are simply admitting the offence.

 

Thanks for the comments, Pat. All valid points, just, I suppose, one of those things that you don't think about. Not to worry, it's only money... :)

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  • 2 weeks later...

Tell you what.

Our Director didnt renew the company pool car tax discs and printed out the renewals for us to put in the windows! We told him to shove it obviously.

 

Even if its been paid online. Your Tax disc is the actual receipt of payment. Thats why you get your reminder a good few weeks before expiry. Theres no excuse for missing it. It could have been worse in this case. The car could have been taken away to the crusher!

I totally sympathise with your situation but its best to just pay the fine in this case and at least have a mini roll of selotape in your glove compartment for next time! ;)

Black Horse LTD 2008 - Default removed upon CCA request. Unable to supply original agreement.

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Guest 10110001

A longshot:

 

The DVLA is a civil authority (and not a millitary one), the Bill of Rights 1689 - unrepealed - legislates freedom from fines and forfeitures without trial.

 

Have you asked the DVLA to revoke the fine? The RTA does not provision the DVLA to subvert a point of law.

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