unfair DVLA untaxed claim?, Car pound Charge & dropped DnD claim - help

[The Snake 1985]

Hi,

 

I wonder if anyone can advise on where I stand on this issue.

 

Please note the incident occurred in Scotland where obviously laws are different to England\Wales

 

On Sunday 15th February I was stopped by Police on the motorway for using my mobile phone.

I was texting a friend so have got to accept I was guilty of this.

 

When in the back of the police vehicle I was breathalysed.

I blew 25 when the legal limit is 22 so was arrested for drink driving

and taken back to the police station to be breathalysed on the main machine used by the police

where I blew 17 so was released without charge.

 

I was told "off the record" by the police officer that if I had blown the same as at the roadside

I still wouldn't have been charged as there is a 5% tolerance level.

If I was never going to be charged then I cant understand why I was even arrested.

 

due to me being arrested and taken to the police station my vehicle was taken off the road by 911 Recovery services

and taken to a compound where I had to pay £150 to get the vehicle released on the Monday morning (it was not opened weekends).

 

I argued that I should not have to pay this release charge as I wasn't charged as I wasn't guilty of any offence.

The police on duty agreed and gave me an address to write to regarding the matter.

I haven't received any response.

I had to pay the fee as it was a works vehicle I was in at the time.

 

Where do I stand on this,

should the police be refunding this cost?

 

I got a £100 fine and 3 penalty points for the mobile phone incident.

I am happy to accept this as I am guilty of this

 

In a further twist I received a letter in from the DVLA saying the vehicle I was driving at the time of the incident was untaxed

and that I would have to pay £159 by the 28th of May or be taken to court

 

I drive different vehicles around the country on a day to day basis.

I am a trade plater.

 

Is there anyway I can find out if the vehicle I was driving at the time of the incident was taxed or not

without getting my work involved

 

Whether taxed or not I had my trade plates with me at the time of the incident although they were in my bag and not on display.

This was a mistake on my part.

There was nothing malicious in it.

The police did not check if the vehicle was taxed or not,

in fact it was me who told them that the trade plates were in my bag and not on display

 

Is there anyway I can appeal this with the DVLA.

 

As it stands at the moment using my mobile phone is going to cost me £409

£100 Mobile phone fine

£150 Getting vehicle recovered

£159 Untaxed vehicle charge

I find this grossly unfair

 

Can anyone advise on where I stand in respect of the following

 

getting the £150 recovery charge back?

Finding out if the vehicle was taxed?

If it was how do I appeal this with the DVLA without going to court(if this is possible)

If it wasn't am I covered under my trade plates that were with me at the time

even although I had forgot to display them

 

Any advice on how to deal with the incident with the DVLA would be appreciated

 

Sorry if this is a bit long winded but any information would be appreciated

 

Any questions please let me know

Edited May 20, 2015 by dx100uk
blank lines and sentences added

[topcat1802]

You can check if a vehicle is taxed on line at https://www.gov.uk/check-vehicle-tax, You need to enter the Registration number and vehicle manufacturer and you will get a message back saying if the vehicle is taxed or not.

[citizenkain]

you were arrested for blowing 25 in Scotland at the roadside as you were over the legal limit of 22,when you blew on the machine at the station you blew 17 as your alcohol count was on the way down,you were arrested in case your alcohol count was on the way up

[BigAllyMac]

Yes, arrest is automatic if you blow over the limit at the roadside. No ifs or buts about it. Even if you then blow below at the police station the arrest was still fully legal.

[Jayculley]

Breaking news, man arrested for drinking and driving, gets fined for breaking the law. There's a (text) message for us all here.

[citizenB]

Whilst it is not CAG's policy to be judgmental, you were stopped by police for texting on your mobile phone - at which point you were then asked to take a breathalyser test, which at the roadside you were over the limit.

 

At the station you then were under the limit so you were released without charge on the drink/drive part but were fined for the mobile phone incident.

 

Do you not think that you have got off lightly ?

[CrappoMan]

And on top of that, he wasn't using his trade plates correctly.

 

The OP seems to think that rules don't apply to him.