New to me van and producer

[barbershop0]

Hi

 

I bought a van yesterday and had it delivered to my house today 5/9/2007.

 

At 13:00pm I transferred my insurance from my old van to my new van. The insurance company told me that they would get a new Cert of Motor Insurance in the post today.

 

I then tried to get a RFL tax disc online but as the Van hadn't yet been registered as transferred with DVLA I was unable to buy a tax disc online.

 

I drove the van at 13:10pm and was stopped by the police. They gave me a producer for my Motor Insurance as they couldn't find it on the register, possibly because the computer hadn't updated.

 

The copper also gave me a £60 penalty fine for driving without tax. I accept that I was driving without tax, but it was impossible to get a tax disc without my new insurance certificate. I shall get a tax disc tomorrow to run from the start of September.

 

Is there any point going to Court to appeal against the Issue of the £60 fine as I couldn't possibly get a tax disc in the timescales.

 

Thanks in advance for any advice.

[Guest perky88]

You need a tax disc to drive (unless you are going to/from MOT etc..)

 

So you could appeal .. but I see no valid grounds for it to be upheld.

 

Sorry ... unless anyone else on here knows of a loophole that could be exploited in this case !!

[green_and_mean]

If you’re not shown as the registered keeper on DVLA records you cannot tax the vehicle. You’ll need to apply for a Registration Certificate in your name. To get one, fill in form V62 ‘Application for a Vehicle Registration Certificate’ and post to DVLA, Swansea SA99 1DD. You may have to wait up to four weeks for a new certificate to arrive. In the meantime, you should keep your vehicle off the road.

 

Taken from govt. website so it looks like you are stuffed, £60 is not that bad though around here they clamp or crush them. You may also still get taken to court for no insurance as many companies refuse to cover you if not taxed!

[barbershop0]

Hi

When the chap sold us the van we both completed the change of ownship document, we have the part to be able to tax the car. He is sending his part off to the DVLA.

 

I insured the car at 13:00pm, cancelling my old policy and taking a new one out.

 

I cannot get car tax until the insurance company sends us the cover note. This car tax will be taken out probably tomorrow when the policy arrives.

 

At the time I was stopped, I didn't have tax but will have tax tomorrow, which will be valid for the month of September. I still feel that my £60 fine is unfair as it was impossible to buy tax from the DVLA yet my vehicle was fully roadworthy.

 

I cannot buy tax without insurance which i have

[green_and_mean]

Hi

yet my vehicle was fully roadworthy.

 

I cannot buy tax without insurance which i have

 

Your vehicle was not technically roadworthy as it was not taxed which is a legal requirement, so unless on the way to be tested should have been kept off the road until you purchased the Tax. Anyone can buy insurance whether its valid or not is another matter. If your insurance policy states the vehicle must have a current VEL you are not insured to drive. Not trying to be funny just stating the legal position.

[PKea]

 

At the time I was stopped, I didn't have tax

 

I think you've answered your own question.

 

You admit you've done wrong, so pay up.

 

As others have said, your lucky they let you go on your way and not seize the van

[patdavies]

Your vehicle was not technically roadworthy as it was not taxed which is a legal requirement, so unless on the way to be tested should have been kept off the road until you purchased the Tax. Anyone can buy insurance whether its valid or not is another matter. If your insurance policy states the vehicle must have a current VEL you are not insured to drive. Not trying to be funny just stating the legal position.

 

No, not having a VED does not make a vehicle unroadworthy; not having an MoT certificate does not make a vehicle unroadworthy. However, in both cases, unless you are driving to/from MoT test appointment or to/from repair appointment, you are driving unlawfully.

 

For a vehicle to be regarded as unroadworthy, it must breach Construction & Use Regulations; not the Vehicle Registration and Excise Act.

 

If it is a condition of insurance that the vehicle have a valid VED, then this would be very, very unusual. How would you be able to drive to/from a MoT test if the VED was expired? It is normal for the Ins. Co. to have a condition regarding roadworthiness.

 

Not using the vehicle in accordance with these conditions does not make it uninsured for the purposes of the RTA; the Act places a duty on Ins. Cos. to continue to provide minimum cover - this is why they are now so hot on returning insurance certificates when insurance is cancelled.

 

All that said, the OP is stuffed. there are two major offences regarding VED.

 

1) failure to have a valid VED - which is enforced by the DVLA only and the OP will rectify this by purchasing VED to run from 1st Sept

2) failure to display a valid VED on a vehicle which is not exempt - enforced by the Police/Magistrates' Courts. The offence is complete if the vehicle is on the public road* without displaying a VED disc, regardless of whether it has a VED.

 

* for the purposes of VED a public road is defined as "a road maintained at public expense".