Thread: Advice please re ticket for no vehicle license at a railway station

as per the title I have a query re a ticket I received at a railway station. I received a fixed penalty notice for not have a valid tax disc.

I did have a valid tax disc, it was loose on the dashboard. The old tax disc was still on the windscreen however, the new one was visible. (My car is a convertible and I have not yet fixed a tamper proof tax disc holder).

Ist question - can someone tell me the wording of byelaw 14 section 129 that gives the railway company the right to fine me for no licence. I can see mention of obstructions only.

2nd question - my ticket only states that I do not have a valid tax disc. I can prove that I do. The ticket does not state a valid tax disc on display. Even though mine was (although not on the left side of the widscreen.

Your thoughts please

Sue

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Whilst on a public road it is an offence not to display a current road fund licence.

I'm not going to argue about the carpark been classed as a public road, the fact is that you had one and it was on display, whoever gave the ticket obviously looked in the usual place and saw your old one, since it is not an offence to display an old one along side a new one, you cannot be held laible for their mistake.

They have no power at all to fine you for not displaying a current tax disc, whether you have one or not, they have the power to report you to the DVLA or a Police Officer.

In the unlikely event that this goes to Court you can proove you had a current tax disc and simply state that it was on display for all to see, explain the cuircumstances and ask the Court why you would have one and not display it?????????

End of

Mossy

Thansk for the response. Your thoughts are the same as mine as this.

Sue

The rail company (Merseyrail) issued the ticket. It has been issued under byelaw 14, section 129. I can't see that it would fall into this categoary of offence (parking and obstruction etc).

I will pop into the local cop shop and see if they can verify who can or can't punish citizens re road fund licence.

Sue

got a link to the bylaws ? It does seem odd that they would have devolved powers for this.

(1) No person in charge of any motor vehicle, bicycle or other conveyance shall use it on any part of the railway in contravention of any traffic sign.

I would guess that if there is a sign saying vehicles must be taxed they are using this part of the byelaw.

there is no valid traffic sign for road tax - plus the regs don't apply in car parks. they may as well put a sign up that says any drivers wearing glasses will be fined !! they cannot just assume the role of the DVLA (some councils do using devolved powers). OP should try the DVLA for information - provided they can get to someone there who isn't just a drone. worth a go.

Originally Posted by Conniff

As already mentioned, this is between you and the DVLA who can take action for not having or not displaying. They can report it to the DVLA who can take action but it is nothing to do with the car park attendant.

Failing to display is a criminal offence and has nothing to do with DVLA. It is not the same as having an untaxed vehicle.

Originally Posted by lamma

there is no valid traffic sign for road tax - plus the regs don't apply in car parks. they may as well put a sign up that says any drivers wearing glasses will be fined !! they cannot just assume the role of the DVLA (some councils do using devolved powers). OP should try the DVLA for information - provided they can get to someone there who isn't just a drone. worth a go.

How do you know there is no sign for no tax? This is railway land and as such is not covered by the TSRGD so they can errect any traffic signs they like as far as I can see.

Ooh lots of responses, alot with a recurring theme. So, an update.....


I called in to the police station and they stated that they do not fine people but place a warning notice on the car and notify the DVLA for them to take action.

Thought so

The police suggetsed I appeal the fine.

Will do.

Phoned Merseyrail and I suggested that this fine was outside of their jurisdiction and that I did actually have valid car tax.

She said that because I was parked on private land (ding....the magic word surely!!) they were in their rights to fine me because without car tax insurance is null and void. (Not sure how fining people resoves this!) She ended the call by saying that I should appeal by sending in the copy tax disc and they would consider it. (Very kind of them too!)

So, I spoke to Hannah at the DVLA and she confirmed after speaking to her supervisor that only the DVLA can instigate further action on an individual who has no tax.


Now, I have tax but what ****es me off is that private companies think they can do what the hell they like!!

now re the replies, I also wear glasses. please don't tell me I will get fined them as well. Bloomin' ell they cost me a fortune!!

I didn't fail to display a tax disc, also the fine is for having an expired licence, not for failing to display a current licence. Sounds like semantics but if applied to the law is correct.

Hannah at the DVLA needed guidance from her supervisor but was patient to listen to the query and get the relevant advice.

There is no sign saying vehicles should be taxed. If the railway station went down that route they would also have to mention the numerous conditions eg, roadworthy, insured, blind spots on rear windscreens.... you get me jist.



I'll let you all know the outcome. Bet you can't wait!

Sue

My other half has just had an idea. He has them occasionally!

When I appeal, can I omit my address and asked to be communicated with via e-mail?

If they need my address they will need to communicate with the police/DVLA. They will presumably need to state the reason. All being well, invalid tax disc would be insufficient for the release of my personal information.

??

Sue

Originally Posted by crawford1206

When I appeal, can I omit my address and asked to be communicated with via e-mail?

But are you even going to waste your time appealing a non-existant penalty anyway?

hhhmm, i can see where you are coming from. The alternative is to wait for a court order to appear before the court (sorry, have not got a clue how this works! my first and last involvement in the courts was jury service!)

It seems stress free to stick it to the man in an appeal letter rather than wait for further distress via Merseyrail.

Am i a wuss??

OK this is simple.

They initiated contact with you over something they have no right or jurisdiction to do so write back tell them that they have cost you time and postage/telephone calls. Charge them £35 for this

If they refuse to pay you issue against them, if they don't pay take them to Court and inform the judge that because of their actions you were put to spending time and money that you would otherwise not have had to spend

Mossy

Incidentally not having your car taxed DOES NOT invalidate your insurance, your insurer may refuse to pay out for any damage to your car but would certainly cover third party claims.