Tax disc question
Discussion
Recently, Mrs 215's motorcycle was ticketed for not having a current tax disc on display.
However, while the obviously visible tax-disc holder had a long out of date disc in it, the current disc was actually in a holder mounted on the underside of the front fairing (the twisted logic being that if someone is going to think about stealing the disc and holder they will be put off by the more obvious out of date disc).
The local ticket office were fine with this explanation and took a photocopy of the disc as proof, however we have now received a letter from the DVLA enforcement office looking for an 'out of court settlement' of £59.
Now obviously we are disputing this and can easily prove that the vehicle was taxed (even if the ticketing officer didn't notice the current disc) but is it actually illegal to display an out of date disc?
On a separate note, the original ticket was issued in May by Lothian and Borders Police.
Lothian and Borders Police ceased to exist at the start of April with the move to a single Scottish Police force; would the ticket have been enforceable anyway...?
However, while the obviously visible tax-disc holder had a long out of date disc in it, the current disc was actually in a holder mounted on the underside of the front fairing (the twisted logic being that if someone is going to think about stealing the disc and holder they will be put off by the more obvious out of date disc).
The local ticket office were fine with this explanation and took a photocopy of the disc as proof, however we have now received a letter from the DVLA enforcement office looking for an 'out of court settlement' of £59.
Now obviously we are disputing this and can easily prove that the vehicle was taxed (even if the ticketing officer didn't notice the current disc) but is it actually illegal to display an out of date disc?
On a separate note, the original ticket was issued in May by Lothian and Borders Police.
Lothian and Borders Police ceased to exist at the start of April with the move to a single Scottish Police force; would the ticket have been enforceable anyway...?
I think the law says the disc must be displayed in an easily visible manner. If they do not feel it was, then the fine is up to 200 quid, iirc. So it sounds like a jobsworth is trying to reach a compromise figure rather than drop the case, as they (sadly for you) do have a decent argument the disc was not visible and the fake one caused confusion.
Is that something a judge would also consider putting at 59 quid fine? I'd argue back as much as you can but if they are willing to go to court back out and pay. The law is on their side, just that no-one can actually say what you should pay as a reasonable cost.
Seeing the bike was taxed, the disc displayed but not seen by the officer (but you pretty much making sure they would not see it) I'd say a telling off was reasonable.....but I am not a DVLA clerk trying to play smart or maybe impress the boss.
Just googled this:
http://www.nidirect.gov.uk/car-tax-rules Has a section on failing to display.
Is that something a judge would also consider putting at 59 quid fine? I'd argue back as much as you can but if they are willing to go to court back out and pay. The law is on their side, just that no-one can actually say what you should pay as a reasonable cost.
Seeing the bike was taxed, the disc displayed but not seen by the officer (but you pretty much making sure they would not see it) I'd say a telling off was reasonable.....but I am not a DVLA clerk trying to play smart or maybe impress the boss.
Just googled this:
http://www.nidirect.gov.uk/car-tax-rules Has a section on failing to display.
jondude said:
Thanks for the help; you do know that Scotland isn't part of Northern Ireland though... 
DVLA do not have statutory authority to impose this 'fine' without Court action.
They do not have statutory authority to ask for an £80 settlement re Sorn without Court.
I have taken this matter up with them before re failing to notify change of ownership and they agreed and that they were offering an 'out of Court settlement'
You may wish to pay and have the matter settled but in your shoes I would be tempted to write back asking DVLA where they get the statutory authority to 'fine' without a Court decision for failing to display an Excise Licence on a taxed vehicle that had one on it.
Before doing so confirm if vehicle was subject to a Fixed penalty Ticket for failing to display - if so ignore above.
dvd
They do not have statutory authority to ask for an £80 settlement re Sorn without Court.
I have taken this matter up with them before re failing to notify change of ownership and they agreed and that they were offering an 'out of Court settlement'
You may wish to pay and have the matter settled but in your shoes I would be tempted to write back asking DVLA where they get the statutory authority to 'fine' without a Court decision for failing to display an Excise Licence on a taxed vehicle that had one on it.
Before doing so confirm if vehicle was subject to a Fixed penalty Ticket for failing to display - if so ignore above.
dvd
Edited by Dwight VanDriver on Thursday 20th June 07:46
Rubin215 said:
but is it actually illegal to display an out of date disc?
Say you have on-street parking and are going on holiday for a fortnight, one week before the expiry of your tax disc, one week after the 1st of the month when the new disc is valid. I would display both discs and hope that common sense prevailed. Somehow I think that would technically be illegal.Dwight VanDriver said:
DVLA do not have statutory authority to impose this 'fine' without Court action.
They do have statutory authority to ask for an £80 settlement re Sorn without Court.
I have taken this matter up with them before re failing to notify change of ownership and they agreed and that they were offering an 'out of Court settlement'
You may wish to pay and have the matter settled but in your shoes I would be tempted to write back asking DVLA where they get the statutory authority to 'fine' without a Court decision for failing to display an Excise Licence on a taxed vehicle that had one on it.
Before doing so confirm if vehicle was subject to a Fixed penalty Ticket for failing to display - if so ignore above.
dvd
Amended to correct error
They do have statutory authority to ask for an £80 settlement re Sorn without Court.
I have taken this matter up with them before re failing to notify change of ownership and they agreed and that they were offering an 'out of Court settlement'
You may wish to pay and have the matter settled but in your shoes I would be tempted to write back asking DVLA where they get the statutory authority to 'fine' without a Court decision for failing to display an Excise Licence on a taxed vehicle that had one on it.
Before doing so confirm if vehicle was subject to a Fixed penalty Ticket for failing to display - if so ignore above.
dvd
Amended to correct error
Edited by Dwight VanDriver on Thursday 20th June 07:46
I did exactly that last month ; placed the new disc in the holder the night before it came into effect , and left the old one lying atop the dashboard right next to it .
There's nothing to say that it is unlawful to display an old disc , just that a current one must be displayed in the correct place ( lower nearside corner of the windscreen ) .
There's nothing to say that it is unlawful to display an old disc , just that a current one must be displayed in the correct place ( lower nearside corner of the windscreen ) .
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