Slipped Disc

My son bought a 2006 BMW 330,on Friday from a private vendor. The car came with car tax and MOT. He insured the car and was stopped yesterday in Brockley, South London, by traffic police. The police told him that the tax on the car was not valid because the last owner had purchased the tax with a cheque that was subsequently dishonoured.

The police said my son would be reported for having no tax. This seems outrageous because my son bought the car in good faith and was not to know that the tax was obtained with a rubber cheque. The DVLA should be responsible for its documents and not give people a tax disc until the cheque is cleared. The car checked out with HPI, and my son has sent the documents to Swansea. Can you please help us?

Asked on 25 January 2010 by GB, Hawkhurst, Sussex.

Answered by Honest John
The vendor must have bought the tax disc over the counter at a Post Office and there is no way the DVLA can recall a tax disc issued that way. There is an existing procedure that I was not aware of. DVLA's polite reply follows: “I am sorry for the position your reader's son has found himself in through no fault of his own. While he was not responsible for presenting the cheque that was returned by the bank, the position in law is quite clear. If a cheque submitted with a vehicle tax application is returned unpaid, the tax disc is void and legally worthless from the date of issue, under the Vehicle Excise and Registration Act (VERA) 1994. So although a tax disc was displayed on the vehicle when he purchased it, that disc was of no value and the vehicle was untaxed. You mention a checking service for motorists to ensure a vehicle is taxed before purchase. This is available via www.taxdisc.direct.gov.uk where your readers may perform a vehicle enquiry which will give the vehicle status and date of liability.”
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