Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default fined twice for no tax

    Hello there all.
    yes I do know you should'nt drive a car whithout tax on it,but this is what happend and dont think it is right
    the police stopped me and gave me an on the spot fine of £60 or face going to court so I payed the £60

    lone behold a month later the dvla write to me and say I must pay £131 or face going to court is this right?

    and I thought threats of you pay me this or go to court is somthing that can be challenged in the human rights act?

    any help here please

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  2. #2
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    Default Re: fined twice for no tax

    When you were stopped by the police, did they give you a ticket for failing to display your road tax?


  3. #3
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    Default Re: fined twice for no tax

    they gave me a very long piece of paper and the on the spot fine went to central fines at rugely which they stated they would not be giving a reciept for you can use your state ment as evidence this was payed

    the dvla then wrote to me which i recieved today
    pay £131 or go to court

    date of offence 03 12 07

    this was reported by the police although they said if the first £60 was payed no action would be taken.


  4. #4
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    Default Re: fined twice for no tax

    It looks to me that the police ticket was given for the offence of failing to display your tax disc. A report will go to DVLA and if they find that the vehicle wasn't taxed they will then take action for that as well. It should have the offence that you were given the ticket for on the piece of paper the police gave you.


  5. #5
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    Default Re: fined twice for no tax

    so in other words it would have been better to of gone to court in the first place rather than pay an on the spot fine?

    the police also said to me that if the on the spot fine was paid no further action would be taken but now that seems to be bull suet it clearly states that the police reported it....I guess there is no way out of this one?


  6. #6
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    Default Re: fined twice for no tax

    so in other words it would have been better to of gone to court in the first place rather than pay an on the spot fine?
    No because there are 2 separate offences. The first is not displaying a tax disc, and by paying £60 you would not be taken to court. The second is from the DVLA for not having any tax at all.


  7. #7
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    Default Re: fined twice for no tax

    Oops - £131+60. That's more than the road tax for a year, so it does save to be licenced.

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  8. #8
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    Default Re: fined twice for no tax

    Quote Originally Posted by Conniff View Post
    Oops - £131+60. That's more than the road tax for a year, so it does save to be licenced.
    what ever...I supose you never make mistakes


  9. #9
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    Default Re: fined twice for no tax

    Beerfish, is there wording on the (police) ticket stating no further action?


  10. #10
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    Default Re: fined twice for no tax

    You could write in and complain stating that if you had in fact gone to court you could only have been reported for the more serious of the two actual crimes, and have been fined accordingly (weeks wages or so I think?), and that as such the police officer acted incorrectly by giving you a ticket for the less serious offence in order to deal with it on the spot....


  11. #11
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    Default Re: fined twice for no tax

    Quote Originally Posted by SeanT View Post
    You could write in and complain stating that if you had in fact gone to court you could only have been reported for the more serious of the two actual crimes, and have been fined accordingly (weeks wages or so I think?), and that as such the police officer acted incorrectly by giving you a ticket for the less serious offence in order to deal with it on the spot....
    Not only that, as there was no receipt given then he might just have pocketed the money.
    Just because they are the police makes them no more trustworthy.

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  12. #12
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    Default Re: fined twice for no tax

    I hope nobody minds me saying, but £131 seems an odd amount


  13. #13
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    Default Re: fined twice for no tax

    Quote Originally Posted by SeanT View Post
    You could write in and complain stating that if you had in fact gone to court you could only have been reported for the more serious of the two actual crimes, and have been fined accordingly (weeks wages or so I think?), and that as such the police officer acted incorrectly by giving you a ticket for the less serious offence in order to deal with it on the spot....
    No.

    There are two offences here. One - failing to display - is a criminal matter and has been dealt with by FPN. An FPN is simply a mechanism to admit guilt and pay a fixed fine instead of attending Magistrates' Court.

    The second offence is having no VED - this is dealt with by DVLA as a civil matter. It is either from a report to DVLA by the PC or picked up from the continous licencing regime. The charges thatthey can make are laid sown in legislation. Odd amounts occur since they are allowd to charge a penalty, plus the back VED


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    Default Re: fined twice for no tax

    On the spot fine? You mean you paid the policeman cash? I never knew that was allowable....


  15. #15
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    Default Re: fined twice for no tax

    Quote Originally Posted by beerfish View Post
    what ever...I supose you never make mistakes
    I don't think leaving it for a second month after receiving a fine is making a mistake. Paying a fine doesn't entitle you to continue driving without tax.

    Trading Standards wants your help

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    Never phone or accept phonecalls from debt collection companies.

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  16. #16
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    Default Re: fined twice for no tax

    Quote Originally Posted by Conniff View Post
    I don't think leaving it for a second month after receiving a fine is making a mistake. Paying a fine doesn't entitle you to continue driving without tax.
    you are one real EDITED arnt you the car has not left my drive since the offence and pat davies has pointed out what I needed to know thank you pat
    however when you did not get paid enough to see you through xmas for working as a sub contractor for the first time and still not seeing a penny and strugling to get in a job..... keep making your comments conniff...EDITED we are here to help each other not put one another down!


  17. #17
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    Default Re: fined twice for no tax

    I have read through this and it doesnt make sense. The long form that you were given by the Police, was this an EFPN (endorsable Fixed penaulty ticket). The Police dont issue on the spot fines. They issue forms to produce documents and pay the fine within 28 days to the address (normally central ticket office etc) What was the offence code on the ticket. If it was an EFPN then you would have produced and recieved points on your licence.


  18. #18
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    Default Re: fined twice for no tax

    Quote Originally Posted by RK08 View Post
    If it was an EFPN then you would have produced and recieved points on your licence.
    Failing to display in a non endorseable offence, therefore the OP would not have received any points.


  19. #19
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    Default Re: fined twice for no tax

    Yes but non endorsable is a £30 fine?


  20. #20
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    Default Re: fined twice for no tax

    Rugley is very close to west mids and they use similar forms. Failing to display is non endorsable, non endorsable tickets cover a number of motoring offences and carry a £30 fine. However they do carry details of the excise licence which the details of which are forwarded to DVLA.



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