Car tax farce- Legal advice wanted - stuartr1977
Folks,

I am new to this forum and looking for some help. I bought a car on the afternoon of the 30th June. It was untaxed by the garage as they advised me to get it taxed over the weekend and I would not 'lose' a month of tax. I had no chance to tax it on the Friday, because of work. I went to tax it on the saturday maorning and forgot my insurance certificate, and couldn;t make it back before the PO was closed (this part is not relevant, I just want people to understand that I tried). That afternoon, my wife spotted some police officers examinignt he car in the road. she wnet out and they pointed out the lack of tax disc. She explained and the policeman left a card with her, saying that we would not be fined but to tax it first thing on monday. I immediately tried to tax it online but was unable due to the engine size (?!?). So I went first thing on the monday and taxed it. Yesterday (29th September) I received a £149 fine for this offence.

Do I have any decent comeback, given the policeman said it was ok?
Car tax farce- Legal advice wanted - madf
As I understand the law, there is no grace period for retaxing a car. If you drive it untaxed, you will be fined. Full stop. The policeman was wrong.

But I may be incorrect..
madf
Car tax farce- Legal advice wanted - local yokel
The fine appears to be in order, but who reported you? The policeman?
Car tax farce- Legal advice wanted - Altea Ego
you have no comeback,

No tax is an absolute offence, its taxed or its not ( and registered as SORN), no grace, no excuses, black and white.
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TourVanMan TM < Ex RF >
Car tax farce- Legal advice wanted - pd
You've been unlucky and presumbaly somebody or something must have reported it. However, technically you drove a car without tax which it was your responsibility to get done so there is no argument.

The Police are usually reasonable in such circumstances but computer systems and number plate cameras are not.

It is annoying to have to tax a car at the end of the month, technically you should have delayed collecting the car until the 1st or had the seller (if a dealer) deliver it to you on trade plates and left it in your driveway (if you have one) until you put some tax on it.

Car tax farce- Legal advice wanted - Hamsafar
It's time they ran VED from any day for 12 months, like an MOT, especially now that they are OTT with fines, levies and penalties.
Car tax farce- Legal advice wanted - stuartr1977
thanks....but anyone want to tell me something I want to hear instead?

Does the 3 month gap, alomst to the day, not have any bearing.

What about the old double jeopardy about being not being done twice for the same crime.

There must be a loophole here people, we are just not looking hard enough. If Fergie can get off speeding for diahorrea, then surely I can can escape this.
Car tax farce- Legal advice wanted - Altea Ego
NO you cant, as said its a very simple offence. you had no tax, it was on the road, you got nicked.

Tough
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TourVanMan TM < Ex RF >
Car tax farce- Legal advice wanted - Neiltoo
A recent thread, I think< indicated that someone got a SORN fine rescinded by writing in to them with an explanation.
Can't hurt to try.
Car tax farce- Legal advice wanted - Statistical outlier
Trouble is, can't see them being that reasonable about you not taxing it because you wanted to avoid a months 'unnecessary' tax.

As it happens, I agree with you that it's harsh and should be unnecessary, I bought a car and lost 15 days because of this stupid rule earlier thias year. But it does appear clear cut.
Car tax farce- Legal advice wanted - stuartr1977
thanks Neiltoo. I just spoke to the DVLA and they asked me to put it in writing. Fingers crossed.

thanks for your comment folks,
Car tax farce- Legal advice wanted - Collos25
What I find a little troubling is that there has not enough time past for the documentation regarding the ownership of the vehicle to be upto date .
Car tax farce- Legal advice wanted - Dave N
Speak to Fergie's solicitor.
Car tax farce- Legal advice wanted - BobbyG
What was the offence you got fined for? Was it having an untaxed car on the road and being caught, either by ANPR or nosey neighbour? Or was it a fine because there was a gap between when the tax ran out and new one started ie the car had not been SORNED in the intervening period?

If its the latter, surely it was the responsibility of the garage to SORN it once the tax had ran out?

Not withstanding all of the above, at the end of the day you did commit an offence of having an untaxed car on the road.
Car tax farce- Legal advice wanted - audiaudi
A recent thread, I think< indicated that someone got a SORN
fine rescinded by writing in to them with an explanation.
Can't hurt to try.



The driver was guilty, end of!
Car tax farce- Legal advice wanted - audiaudi
It's time they ran VED from any day for 12 months,
like an MOT, especially now that they are OTT with fines,
levies and penalties.



Sounds like a good idea, but it would be very difficult to police by the traffic wardens as they only look at the big letters re month and year!!
Car tax farce- Legal advice wanted - audiaudi
As I understand the law, there is no grace period for
retaxing a car. If you drive it untaxed, you will be
fined. Full stop. The policeman was wrong.
But I may be incorrect..
madf



Indeed!!!!!

People really tick me off when they try this stunt re only one day to go and want to drive the car but not by tax until the day after.

The legal stance is clear - a car must be taxed, insured and mot'd if appropriate to be legally driven on the road.

Re mot's - as long as the car is not a total banger, one can drive a car to the nearest mot station, pre arranged of course and isurance.

If I was to buy a new car today, I would never drive it until it was taxed from the day i took it on the road.


The fine is more than justified!
Car tax farce- Legal advice wanted - bignick
You should have taxed the vehicle at the local DVLA office and paid the back tax. Then at least you would have been able to claim that the vahicle duty had been paid for the relevant dates. That said the offence is (or used to be) specifically "failure to display a valid road fund licence" so you are technically at fault either way. Humans are inclined to allow a period of grace but automated sysytrems are not so flexible. As TVM said this is a black and white situation - was the vehicle on the road YES - was it taxed NO.
Car tax farce- Legal advice wanted - Collos25
But how did they get the address in such a short period of time to send the fine surely it is still showing a sorn at the DVLA until the new owner has sent in all the relevent details and then it takes a few days to actually get on the data base.Even the police cannot guess the ownership all their records must also come from the DVLA a car parked outside someones house could be anybodys .
Car tax farce- Legal advice wanted - PoloGirl
When I sold my car I posted the V5(?) off the next morning and within a few days had a letter telling me that the ownership had been transferred.

You don't have to be reported by anyone to get a fine for car tax - the computer automatically sends them out to the owners of vehicles that have either not been renewed or SORN by their due date.

You messed up - pay the fine and stop bleating.

Car tax farce- Legal advice wanted - Statistical outlier
Not so much messed up, as took a calculated risk that didn't pay off this time. Personally, a potential £12-15 saving didn't justify the risk of a £145 fine.
Car tax farce- Legal advice wanted - Snakey
Obviously you're not allowed to make any human errors these days!

Car tax farce- Legal advice wanted - Statistical outlier
No human error involved - he decided not to renew the tax on it until he didn't have to pay for a whole month to get a day or two.

Understandable, and illustrates a stupid rule IMHO, but he took a risk knowingly and got stung.
Car tax farce- Legal advice wanted - bell boy
at one time people that bought cars off me i explained that they needed to tax it straight away as it was either sorned by me or whats known as 'in the trade',unfortunately every body knows everything these days so they
a .dont listen
b...dont care
c....think they are above the law
d....all the above.

youve been caught out youve been nicked now pay up

i usually find that people who drive away cars with no tax dont usually insure them either,when did i last see this?now let me think? oh yes it was yesterday.
Car tax farce- Legal advice wanted - audiaudi
at one time people that bought cars off me i explained
that they needed to tax it straight away as it was
either sorned by me or whats known as 'in the trade',unfortunately
every body knows everything these days so they
a .dont listen
b...dont care
c....think they are above the law
d....all the above.
youve been caught out youve been nicked now pay up
i usually find that people who drive away cars with no
tax dont usually insure them either,when did i last see this?now
let me think? oh yes it was yesterday.



I could have not put it better myself!!!

Cheat the sytem, and the sytem will give you a damn good hiding that is if you're not a full time chav. It's people that do 'little' wrongs that get hit the hardest imo. However, stop crying and pay up!!!
Car tax farce- Legal advice wanted - Dynamic Dave
he decided not to renew the tax on it until he didn't have to pay for a whole month to get a day or two.


When I was in that position when I bought my Vectra, the garage worked out what one twelfth of a yrs RFL was and put the approx equivalent amount into the fuel tank instead. In other words, 11 mnths RFL and something like £15 in the tank.
Car tax farce- Legal advice wanted - Dalglish
You don't have to be reported by anyone to get a fine for car tax - the computer automatically sends them out to
the owners of vehicles that have either not been renewed or SORN by their due date.
You messed up - pay the fine and stop bleating.

>>

pologirl - i.mo.: i doubt whether the automatic fine that you describe applies for one day of ownership without a tax disc. but no dount you will think me arrogant and patronising for holding that opinion.

i.m.o.; the automatic fine applies as follows " from 1 February 2004 DVLA have been enforcing ?continuous registration?. Specifically vehicle keepers who fail to re-licence within eight weeks following the expiry of the old licence are now being sent a letter stating that they have committed an offence for which a fine is payable and requesting that the keeper either re-licenses their vehicle or declares the vehicle off road (Statutory Off-road Notification ? SORN). "

policeman left a card with her, saying that we would not be fined but to tax it first thing on monday.

>>
stuartr1977 - can you clarify exactly what the police card stated.

also, exactly what does your fine state. what/how is the £149 worked out?

have you been fined under "No Vehicle Excise Licence" not displaying a vehicle excise licence contrary to Section 33 of the Road Vehicle (Registration and Licencing) regs 1971

Car tax farce- Legal advice wanted - Dalglish
Yesterday (29th September) I received a £149 fine for this offence.


oh yeah, and by the way if stuartr1977 gets his dates wrong so easily, can we be sure he got this bit right [ " I bought a car on the afternoon of the 30th June" ] ? :: ;-0 :: !

Car tax farce- Legal advice wanted - Altea Ego



The new car tax (vehicle licensing) rules mean that since 1 January 2004, the registered keeper of a vehicle (the person named on the Driver and Vehicle Licensing Agency?s record) remains responsible for taxing it or telling DVLA that it is being kept off-road by making a Statutory Off Road Notification (SORN).

To avoid liability for taxing it, the keeper needs to inform DVLA when the vehicle is off the road, or has been sold, transferred, scrapped or exported. Once DVLA has been notified about a sale/transfer or that the vehicle is off-road an acknowledgement letter will be issued, which should be kept as proof that the vehicle record has been changed.

What happens if you do not re-license your vehicle?
The new rules mean that keepers who fail to re-license their vehicle (or declare SORN) will incur an automatic penalty of £80 (reduced to £40 if paid within 28 days). Those who ignore the penalty could receive a County Court Judgement against them, could be stopped by the police, and/or have their vehicles clamped. Determined offenders will be faced with prosecution and could be fined a minimum £1000.

DVLA carries out a computer check each month to identify those vehicles without a valid tax disc. Although the new rules mean that it is no longer necessary for the vehicle to be seen on a public road before a penalty is issued current on-road enforcement will continue.



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TourVanMan TM < Ex RF >
Car tax farce- Legal advice wanted - BazzaBear {P}
no dount you will think me arrogant and patronising for
holding that opinion.


That seems a little unnecessary. I wouldn't see why anyone would think you arrogant and patronising for what preceded that, but this bit itself is certainly so.
Car tax farce- Legal advice wanted - Dalglish
.. I wouldn't see why anyone ..

>>
to see why, you need to look up previous comments by pologirl in response to my posts.

Car tax farce- Legal advice wanted - smokie
Probably better for all if you don't carry the baggage round with you though Dalglish...

smokie, BR Moderator
Car tax farce- Legal advice wanted - Collos25
Having checked with a friend at the DVLA there is not a cat in hells of this happening if the time scales are correct ie Friday to Sunday nor would the police have the relevent data on there files ,if the time span was a little longer say a week then its quite possible.
Car tax farce- Legal advice wanted - Robbie
Buying a car on the 30th June and not taxing it until 29th September (sic) deserves a fine.
Car tax farce- Legal advice wanted - Dwight Van Driver

Car bought on 30th June 2006 from Garage. If driven/parked on road that date by new owner then no Excise Licence in force and duty is payable for that month.

In any attempt to license after this date it is a very serious offence not to declare such use on the application form - making a false statement to obtain an Excise Licence.

If Licence not taken out then should have taken it off the road and declared SORN. If parked on a road SORN will not cover use without an Excise Licence.

DVLA, as far as I am aware, only have the authority
under The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2003
to impose an £80 supplement (reduced to £40 if paid within 28 days) where they check their records and find unlicenced and unsorned vehicles as outlined in the post above.

The Police off their own bat cannot prosecute/fine using a vehicle without an Excise Licence. To do so they have to report the breach to DVLA who then authorise a prosecution which goes to Mags Court and fine together with the amount of duty that has ben unpaid imposed. Police however can issue a Fixed Penalty Ticket for failing to display a current Licence.

I am not sure just when the vehicle was eventually licensed but that so far quoted does not in my book add up to being given a £149 charge from DVLA unless just recently licensed and DVLA are claiming back duty on the months missed but to do so they must have some evidence of the use of the vehicle on a public road during the months missed.

More information needed.

dvd

dvd
Car tax farce- Legal advice wanted - Dalglish
...I am not sure just when the vehicle was eventually licensed but that so far quoted does not in my book add
up to being given a £149 charge ...


agree with dvd. (as this is in line with my previous post). the £149 seems an odd figure.

it would seem from stuart1977's first post that the car was taxed on monday 3rd july.

my hunch is that his tax has somehow been misallocated on the database to some other vehicle, and that his car probably still appears untaxed on their database, and he has been fined the £80 plus the back tax due as from 30 june (£69 for june, july, august and september ?).

Car tax farce- Legal advice wanted - A2B
I thnk it's safe to assume that there is a little more to the story here.

interestingly , no further comment from poster.
Car tax farce- Legal advice wanted - peterb
"the £149 seems an odd figure"

Let me explain, it's called psychological pricing. You price something just below a round number and therefore people think they're getting a bargain.

Oh, no, wait......
Car tax farce- Legal advice wanted - kithmo
Bang to rights IMO
I can see three poor excuses in the OP's post,
1. no time to tax it Friday because of work - yet had time to go and pick it up.
2. forgot insurance docs - why, has he never taxed a car before ?
3. couldn't get back to PO in time after excuse 2 - I know some shut at 12 o'clock Saturday, but should've gone earlier i.e. first thing.
OK anybody could make any of theses mistakes, but all three ??
He could have collected all the docs Friday, got it taxed Saturday morning then picked it up Saturday afternoon.
Probably the officer had second thoughts after considering the above and reported it anyway.
Car tax farce- Legal advice wanted - Dalglish
... OK anybody could make any of theses mistakes, but all three ??


agreed. too many excuses there for my liking.

however, the reason i suspect something has gone wrong after he taxed it on 3 july is because he says
"...I immediately tried to tax it online but was unable due to the engine size (?!?) ...."
seems to me that maybe his car and the dvla records do not match up.

Car tax farce- Legal advice wanted - Pugugly {P}
It might not have been those Officers. It could have been a covert report by CLE2/6 by an on duty or even an off-duty Officer (cue more gnashing of teeth). The Police don't prosecute these its down to the DVLA.
Car tax farce- Legal advice wanted - Pugugly {P}
Don't see why ots a farce eithe runless the booking officer's pants fell down.
Car tax farce- Legal advice wanted - Lud
And he had to have couselling for trauma because the miscreant was unable to smother an unseemly snigger.
Car tax farce- Legal advice wanted - defender
if you bought it in 30th June and taxed it from the first of July I would write to them enclosing a copy of the registration document showing the transfer date and a copy of the tax disc obviously showing the date and ask them to explain the amount of the fine.
Despite what the pack of wolves howling at the first sniff of blood say,it could be that the dealer cashed in the tax disc and you are now being fined for the time it sat on his forecourt untaxed or unsorned as you were technicaly on the road with an untaxed car.
the dvla themselves are not perfect as I had to chase them for nearly 2 years to get a v5 sorted out
Car tax farce- Legal advice wanted - audiaudi
Rubbish!

The org poster knew he was commiting an offence - so stop crying and pay up.
Car tax farce- Legal advice wanted - Quinny100
Whilst we're on the subject of car tax, I noticed a friends 6 month old Merc did not have anything written or printed on the tax disc (eg. registration number, price). It is stamped correctly with a "Dealer" stamp. Is the driver (which was me last weekend) commiting any offence? It was supplied like this by a MB dealer - I wonder what else they missed off the PDI?
Car tax farce- Legal advice wanted - bell boy
the details will have faded in the sun (modern ink eh? rubbish)
Car tax farce- Legal advice wanted - barchettaman
It´s a bit annoying this - someone logs on, gets a shedload of free advice, is asked for more info so he/she can have further advice, and promptly disappears.
People, eh.
Car tax farce- Legal advice wanted - bell boy
he might be indisposed helping the long arm of the liour............
Car tax farce- Legal advice wanted - Lud
he might be indisposed helping the long arm of the liour............


om you are the most creative speller.... were it not for your handle I wd attribute this to a rather unusual success of the modern way of teaching people to read.

But since you claim to be old, something I haven't done since my late forties, I have to conclude that you are doing it on purpose.

Excellent!
Car tax farce- Legal advice wanted - rtj70
I read liour as in Inspector Clussoe from the "Pink Panther"... OM I assume we were meant to read it as a frenchman would say law :-)

Am I right Oldman ;-)
Car tax farce- Legal advice wanted - bell boy
yes
Car tax farce- Legal advice wanted - Lud
yes


Well of course.
Car tax farce- Legal advice wanted - Caveman
It´s a bit annoying this - someone logs on, gets a
shedload of free advice, is asked for more info so he/she
can have further advice, and promptly disappears.
People, eh.


Is it surprising, given the ammount of flack he has received from some people earlier on in this thread. I can't really blame him for not coming back--can you?
Car tax farce- Legal advice wanted - Dalglish
I can't really blame him for not coming back--can you?


he is probably busy filling in his self assessmen tax return to meet the 30 sept deadline.

Car tax farce- Legal advice wanted - Altea Ego
Nah he will do that Monday then complain about the fine
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TourVanMan TM < Ex RF >
Car tax farce- Legal advice wanted - Steptoe
Well thanks for this thread, I am now quaking :)

This week at some considerable expense I have finally Mot'd and reinsured the venerable Volvo.

Today ( under the 2 working days previous rule ) I have taxed it as from the 1st October ( it's been SORN'd since May )

I am planning to drive to Gatwick tomorrow at around midday in order to stay in a hotel ready for an early morning departure. I have no wish to drive down after midnight and I was hoping that friendly banter would sway any inquisitive policeman into turning a blind eye ( after all I am displaying a disc of the right colour etc, and all docs valid )

Now it seems that from the info posted on here if I pass through a ANPR camera, ( highly likely, as motorway most of the way ) I will be hung, drawn, and fined.

Bye the bye, when I presented the V10 at the local PO this morning the Postmaster wouldn't accept it, but sent me home for the V5. I have never been asked for this before when unSORNing a vehicle and he is well known for being an arkward so-and-so, does anyone know if this indeed the case ( his explanation is that he wanted the bar code on the V5 to scan in )


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One mans junk is another mans treasure
Car tax farce- Legal advice wanted - Dalglish
... the V10 at the local PO this morning the Postmaster wouldn't accept it, but sent me home for the V5 ..


from dvla.gov.uk and direct.gov.uk

... vehicle licence application forms V10 or V85 which must be accompanied by a Registration Document (V5), Registration Certificate (V5C), new keepers supplement (V5/2 or V5C/2) ? see link below for further information ..

Car tax farce- Legal advice wanted - bell boy
the postman is correct

i wouldnt use the car if you have had it sorned ,until the first of the month.

sorry..............
Car tax farce- Legal advice wanted - Lud
Don't take this as advice or encouragement but I'd favour back-doubles if I were you. I do believe I would stick the disc in the screen and go for it. But then again they're always giving me gyp. No simple answer. Well, simple, but not straightforward and guaranteed uncomplicated.
Car tax farce- Legal advice wanted - cheddar
To the OP, write to the DVLA saying that the PC said you would not be fined and to tax it on the Monday, quote his deatils off the card he left.
Car tax farce- Legal advice wanted - Hamsafar
You shouldn't assume it was the Policeman who reported you to DVLA, I think it's highly unlikely unless you faile dthe attitude test, and far more likely the national ANPR system.
Car tax farce- Legal advice wanted - cheddar
and far more likely the national ANPR system.


Yes, if the PC said that OP would not be fined and to tax it on the Monday by implication he was reassuring that all was in order, perhaps the OP could have kept the car off the road though he had good reason not to be concerned therefore a letter to the DVLA outlining the conversation with the PC should bear fruit.
Car tax farce- Legal advice wanted - Steptoe
Yes, I've always assumed the 2 day previous rule, rather than the 15 day for a current registration, is a sort of unofficial expectation that this will be done; of course I'm still living in the pre-computer & ANPR days when I regularly 'stretched' my tax. ( I mourn the demise of 'tax in post' stickers )

Your suggestion of back-doubles is well founded; however I still vividly remember journeys to visit my partents in Brighton in the pre M25 days, it was almost a 12 hour stint from Norfolk, not helped by the A11 not having a single stretch of dual carriageway in East Anglia and my transport being an E93a Prefect!

Anyway I am about to set off, will be off-air for about a fortnight but will post again on this thread if I get caught :(
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One mans junk is another mans treasure
Car tax farce- Legal advice wanted - Steptoe
Previous message was a reply to Lud
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One mans junk is another mans treasure
Car tax farce- Legal advice wanted - ffidrac {P}
Now it seems that from the info posted on here if
I pass through a ANPR camera, ( highly likely, as motorway
most of the way )


Bad news...

ANPR cameras are often set up on bridges over motorways.................

Fine in post?
Car tax farce- Legal advice wanted - bell boy
not the blue ones though they are good ones (if you are a shareholder and sat on them through the blip)