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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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29 days late with road tax genuine mistake.


Roz111
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After a frightening exprience last night.

 

I have seen that my road tax expired on 1/1.I

 

was driving a short distance when a police car behind put his blue lights on.

I pulled over but he drove past.

 

On getting home I checked vehicle for lights etc it was then I noticed my tax disc.

 

what a idiot im sure your thinking

 

.Ive been ill for a few months had a op 2 weeks ago and my head is a bit muddled.

 

I will have the funds tp buy tax tomorrow.

 

I have parked vehicle on private driveway.

with a note in window explaining date I will purchase.

I will be buying over the phone.

so obviously wont drive till tax arrives.

 

I didnt sleep at all last night worrying about this.

Why would police put lights on but not pull me ?.

 

What will happen now if anything

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The Police probably received a call to attend somewhere when they were behind you thats why blue lights came on, it happened to me a few years ago. Dont worry about it.

As for no tax cant advise but i suggest you get it asap or declare the car sorn.

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Thanks guys for your quick replies.I keep checking outsidse for a police car.Im a nervous wreck.

Car will be taxed first thing tomorrow.I will not be driving till it arrives.

Its really shook me up.How people can drive without insurance mot etc astounds me.

I feel such a idiot never ever againn !..

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Thread moved to the appropriate forum.

 

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Andy

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Being "booked in" is NOT sufficient. You may only drive with an expired MOT if you are driving directly to a pre-booked appointment with the garage/workshop that is going to carry out the new MOT test.

 

 

Exemptions

 

 

S.6 (2) The Motor Vehicles (Tests) Regulations 1981

 

 

'for the purpose of submitting it by previous arrangement for, or bringing it away from, an examination'

 

 

Nothing about driving direct.

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From the government website:

 

You can’t drive your vehicle on the road if the MOT has expired. You could be prosecuted if caught.

The only exception is if you’ve already booked an MOT and are driving your vehicle to the test centre.

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Better tell the boys in blue that they are misinterpreting the legislation. The following is a direct quote from the Ask the Police website.

 

A car must be insured, taxed and have an MOT to be driven on the road. The penalty for driving a car without an MOT is a fine.

 

The most relevant exception to this is if you are driving your vehicle to and from a pre-arranged appointment for an MOT and you must take a direct route to the garage (but the vehicle must be insured). Although you must be aware that most failures of MOTs are offences in their own right so you may be committing other offences, for example defective tyres, brakes, lights, steering, horns etc.

 

However if you are stopped by the police on the way to or from the garage the onus is on you to prove that you had a pre-arranged appointment. Where possible it is always advisable to book your car in for an MOT in good time.

 

There are one or two other very minor exceptions in addition to the above but they do not really apply to the ordinary car driver.

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Better tell the boys in blue that they are misinterpreting the legislation. The following is a direct quote from the Ask the Police website.

 

 

That's another one like the government website and many similar ones - no reference to the legislation - they just gives general advice, often inaccurate - which then gets quoted as fact.

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Here you go then. This piece of Legislation can be quoted as fact. Unless, of course, you argue that "submitting" the vehicle for a test doesn't mean driving it directly to the testing station.

 

 

Vehicle Excise and Registration Act 1994

 

22(1)A vehicle is an exempt vehicle when it is being used solely for the purpose of—

 

(a)submitting it (by previous arrangement for a specified time on a specified date) for a compulsory test, or

 

(b)bringing it away from any such test or check.

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That is basically the same definition as The Motor Vehicles (Tests) Regulations 1981, (and it relates to the requirement for an excise licence, not an MOT test), still nothing about driving directly.

As long as the purpose of the journey is for the vehicle to have a pre-arranged test, it is an exempt vehicle.

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[

Nimrods post

 

 

 

(b)bringing it away from any such test or check.

 

 

I think you will find this to be the correct situation, as it allows the vehicle to be driven to a place where repairs / checks are carried out prior to going for the pre arranged MOT test. Not all MOT stations can carry out repairs EG Local Council. Our local MOT station has stopped welding work, therefore the car has to be taken to another place if welding required prior to MOT.

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