fined twice for no tax

[beerfish]

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

[Rob S]

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

[beerfish]

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.

[Rob S]

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.

[beerfish]

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?

[Michael Browne]

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.

[Conniff]

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

[beerfish]

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

[advisee]

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

[SeanT]

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....

[Conniff]

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.

[danny_kiernan]

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

[patdavies]

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

[advisee]

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

[Conniff]

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.

[beerfish]

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!

[RK08]

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.

[Chesterexpress]

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.

[RK08]

Yes but non endorsable is a £30 fine?

[RK08]

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.

[Chesterexpress]

Yes but non endorsable is a £30 fine?

 

Where there is no VEL in the vehicle and a PNC marker shows that it has expired, a £60 non-endorseable FPN and CLE2/8 combined form should be issued. (Offence VE10)

[RK08]

Yep sorry stand corrected, i should engage brain before fingers :o

[Conniff]

you are one real EDITED 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!

 

Nowhere does it say your car is on your drive since the FPN. I am not the one who drove without tax, I am not the one that never declared SORN, I am not the one now paying out a fine that comes to more than having tax.

[beerfish]

Nowhere does it say your car is on your drive since the FPN. I am not the one who drove without tax, I am not the one that never declared SORN, I am not the one now paying out a fine that comes to more than having tax

at the end of the day what has been done has been done thanks for help folks I do put my hand down and say it was my fault as the opening (1)

thanks conniff regardless (still think you are an EDITED and would try to help you without making sarcastic remarks)

 

Thanks again folks for helping me as the police did not explain properly and niethier did the DVLA....cheers

[advisee]

Answer my question on the first page, and we'll see if anyone can suggest a way out.