Road tax ???

[roadkill]

Hi there to everyone this is my first post. I am trying to figure what the dvla are doing to me. I purchased road tax online all went smooth with that i thought took a couple of days to arrive no problem. Today i get a letter from the dvla claiming that i did not display a proper road tax disc and they want 60 pounds on top of the road tax i have paid for which dates back to before i got hit with this starts Jan 08. I got the road tax on the 5th of last month and the ticket was issued on the 7th last month the road tax disc arrived on the 8th. It feels like the DVLA have sent someone up to give me a ticket because they knew my car had no valid disc because they had it. It,s like being caught in a mousetrap with no way out you lose no matter what. Anyone any suggestions or do i have to pay them this ridicoulous fine

[green_and_mean]

From the DVLA online taxation service questions page...

 

Q. I have not received the tax disc. Can I use the vehicle without the tax disc displayed?

A. It is an offence to use a vehicle on a public road without displaying a valid tax disc.

[Tony P]

This looks wrong. I do find DVLA write what they would like the situation to be for their fiscal advantage, rather than what it is. They b*lls*d up my tax record, admitted their error after a 30 minutes on the phone then demanded a Penalty a month or 2 later! I eventually had to write with numberous photocopies and received an apology - OH, and a 30p postage stamp as recompence!

 

The Tax Renewal form says (in red section on reverse) "...you will not be committing an offence if you tax the vehicle or make a SORN within 14 days of the date your current tax disc runs out...". Presumably within 14 days means both before and after the date.

 

Has the money you paid online been taken from the account you gave? That must fix a date from which the vehicle was indisputably taxed.

 

What date is on the disc?

 

Anyway, I thought the offence of 'failing to display' was in relation to a Tax Disc that you actually have. That is what is printed on the disc surround. If you dont have it, you cannot display it! Failing to have Tax is another matter.

 

Others more knowledgeable will help you and no doubt delight in correcting me.

[patdavies]

VERA 1994 s.33

 

33 Not exhibiting licence

 

(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.

 

My bold. The displyed VED disk must be valid. You do not avoid the offence by displaying an old disk

[Tony P]

Pat

I bow to a greater knowledge on that bit. Thanks.

 

So it could be two offences in one ? -

Failing to HAVE. and,

Failing to DISPLAY, whether you have it or not to display.

 

(other than permitted use, such as going to/from a pre-booked MOT. Authorised road testing. And to vote in an election, I seem to recall from my youth!)

[patdavies]

Two distinct and separate offences.

 

And if you do not have a valid VED, you can be 'done' for both.

 

Voting in an election exemption is an urban myth, I'm afraid.

 

Exemptions are listed here. VERA 1994 Schedule 2

[pin1onu]

Anyone any suggestions or do i have to pay them this ridicoulous fine

 

I think legally they have you by the short and curlies. You have probably been zapped by a team with a camera. If their advertising is to be believed they are more interest in getting those who never purchase road tax than those who may be a bit tardy. When did your tax run out - 31/12/2007?

 

I would suggest a letter/phone call asking for mitigating circumstances to be taken into consideration i.e. that you were awaiting the arrival of the tax disc and that you have not attempted to evade paying the tax. Point out the purchase date of the disc predates the date of the offense.

 

You should add that you believe you have demonstrated compliance with the spirit of the law in purchasing a tax and that a penalty in this instance seems somewhat harsh.

 

Whether they go for it is another story but it is worth a try. I managed to get a similar charge dropped a few years ago when they first introduced the system.