Fixed penalty for not displaying tax disc?

Question

Got a £60 fine for this. I was due to collect a duplicate disc, as I had never received my original after ordering online just over 1 month ago.
Is it worth writing to appeal this? and although I was away for much of the month, potentially I could have been driving without displaying the disc for a considerable amount of time - could this result in a harsher penalty.

The DVLA explained that the original had been returned undelivered.
I assumed that there had been a delay/problem due to the mail strikes in October.

The fine was stuck to my windscreen and resembled a parking fine. It simply said offence no.21 which I found out was "failure to display a valid tax disc".
I will send a letter explaining my circumstances, but my concern is also whether this could make things worse

Answer 1

I'd appeal it, the DVLA will back you up...

It wasn't your fault, it's not like you were dodging the tax, it was not delivered on time..

Answer 2

A lot of people here are stating you are right, because you have paid the tax and the dvla have a record of this.

What they are not telling you is that there is an offence of failing to display a current tax disk. It does not matter why you have failed to display it, only that it is not there. The only person to blame in this scenario, is yourself. sorry, but that's just the way it is.

The post office send these disks via recorded delivery, they leave a card if your not in for you to collect it. However they only hold onto them for a short time and then they return to sender, because they have clearly attempted to deliver the mail to you. This would negate any blame on the recent post office strike, It is not the post offices fault if you don't collect the tax disk, after all you did state that you have been away most of the month.

At the end of the day, any court will say that you, and only you have a legal obligation to ensure that the tax disk is displayed. I suggest ordering a month in advance next time, not at the last minute.

Answer 3

Who issued the fixed penalty?

It is little known that the police have very little powers in relation to car tax. Until recently all the police did if they found an untaxed vehicle on a road was send a statement to the DVLA informing them as to this fact. It was then down to the DVLA to deal with.

Of late new powers allow the police to seize un taxed vehicles but ive not heard of the ability to issue a fixed penalty.

I doubt It would have been the DVLA as the limit their enforcement campaign to the road side where they compare your registration against their database. Since their database would have shown your car to be taxed no further action would have been taken.

If i was you you i would look into this further as you may have been issued a fixed penalty for an offence which can not be dealt with in this fashion.

On a different note by 'fixed penalty' do you mean that you had a letter saying you will be fined £60.00 as opposed to a ticket being issued at the road side?

Sorry, ive just made more questions than answers!

Answer 4

with out the would desire to make valueless statements. definite you could allure the concern of a fastened penalty observe, the tear off slip on the backside on the opposite area has the request for a courtroom listening to. Unfortunatley going to courtroom is the only way you could allure this fee ticket, which takes time, yet you're able to desire to get the fee ticket quashe, yet keep in mind if the Justice of the Peace unearths the case against you shown you will nonetheless get the £60 wonderful, yet can be in charge for courtroom costs. think of very carfully previously you start up courtroom lawsuits. The letter of the regulation states that a motor vehicle excise licence must be displayed prominently interior the decrease left of the windscreen, i'd evaluate it slightly harse if as you say your disc holder had dropped of the show screen, maximum disc holders the glue is rubbish and that they arrive unstuck while they get warm or chilly. The greater evidence you need to declare that the disk replaced into there the stronger your case is, ultimatley the determination is yours.

Answer 5

Yes, you should appeal as the DVLA has confirmed that the original tax disk was returned undelivered.

Might be worth paying the fine and claiming a refund if your appeal is successful though, in case the fine increases over time.

Answer 6

I would appeal but I do not rate your chances as being very high. It is an absolute offence and as far as I know their is no defence.
This is a little unfair when the police can check in seconds to see if the car is not only taxed but insured. Hey Ho a bit more recenue for the government to waste

Answer 7

You should try to appeal if your vehicle was genuinely taxed at the time of issue. May not work but its worth a try. Sounds a bit iffy though that you did not recieve the original I've never had a problem doing it that way. Royal Mail are marvellous as far as I can see, I've never had anything go astray

Answer 8

Guilty I'm afraid, Doesn't matter that you paid and were technically taxed. The offence you have been fined for is failing to display a disc not 'no tax'.

Answer 9

Appeal the fine - if you paid online there will be a reference code to back up what you say and show that a road tax licence was in force for the car.

However, you admit that you were supposed to collect it and didn't - therefore you are partly to blame and they may not revoke the fine.

You can only try

Answer 10

There is no right of appeal

The offence charged was for non display of a tax disc.....and as you had no tax disc on display...then you have no right of appeal

Answer 11

Yes..deffinately worth writing back to them. Why should one stand by and let this happen when it was a situation out of your control.

If you ordered online, I'm sure you must have received a confirmation via email too...send them this copy with your letter...still think its wort a shot at it...you wont know the outcome till you atleast try.

Good luck