Sort of stolen!
Discussion
Any advice on this- my friend thought he had his car stolen last week this is what happend
1) Bought car on Wednesday with no tax. Car was parked on the road- He was insured by did not have the insurance certificate so could not get tax
2) Thursday - car clamped whilst he was at work with note to call- no repsonce to note by end of day so car removed. He reported car stolen!!
3) Wednesday 1 week later recieved a call from council saying they had his car
Basically he has to pay £200 or £80 with a tax disk. Anyone for any tips on how he can pay £0! They have agreed to wave the £15 per day holding charge - how kind!!!
Surely you cannot get a tax disk without an insurance certificate which he did not have before the car was taken!!!
Cheers!
1) Bought car on Wednesday with no tax. Car was parked on the road- He was insured by did not have the insurance certificate so could not get tax
2) Thursday - car clamped whilst he was at work with note to call- no repsonce to note by end of day so car removed. He reported car stolen!!
3) Wednesday 1 week later recieved a call from council saying they had his car
Basically he has to pay £200 or £80 with a tax disk. Anyone for any tips on how he can pay £0! They have agreed to wave the £15 per day holding charge - how kind!!!
Surely you cannot get a tax disk without an insurance certificate which he did not have before the car was taken!!!
Cheers!
You could have taxed it online as you do not need a insurance certificate to do it this way,all you need is to have valid insurance.It is down to your friend to make sure it was taxed before being used on the public road.there have been to offences comitted here,failing to have tax and failing to display tax.
TPS said:
You could have taxed it online as you do not need a insurance certificate to do it this way,all you need is to have valid insurance.It is down to your friend to make sure it was taxed before being used on the public road.there have been to offences comitted here,failing to have tax and failing to display tax.
It takes a period of time after transferring your insurance cover from one vehicle to another before the DVLA have implemented the information onto their database therefore, it would be unlikely the details would have been updated to purchase the tax online.How many have purchased a vehicle without tax and genuinely taxed the vehicle on receipt of documentation back dating the road tax date to the beginning of the month.
cen said:
How many have purchased a vehicle without tax and genuinely taxed the vehicle on receipt of documentation back dating the road tax date to the beginning of the month.
I did. Last month. Bought the car mid-month with no tax on it, couldn't wait until the cover note arrived so that I could get the car out of the garage! 
But I did. I was good and didn't drive it until it was road-legal. The car stayed in the garage until the insurance paperwork came through 2 days later. You've never seen me move so fast.
.......he didn't have the Insurance Cerificate.......
So in addition to:
(1) Using a vehicle without an Excise Licence
(2) Fail to display a current Licence
what about
(3) No Insurance?
Reminder of this Section of the Road Traffic Act 1988:
147.—(1) A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a "certificate of insurance"
in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.
dvd
So in addition to:
(1) Using a vehicle without an Excise Licence
(2) Fail to display a current Licence
what about
(3) No Insurance?
Reminder of this Section of the Road Traffic Act 1988:
147.—(1) A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a "certificate of insurance"
in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.dvd
Edited by Dwight VanDriver on Wednesday 11th July 14:23
Dwight VanDriver said:
147.—(1) A policy of insurance shall be of no effect for the purposes of this Part of this Act unless and until there is delivered by the insurer to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a "certificate of insurance" in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.
What does "this Part of the Act" refer to? You can get instant cover over the phone now, does this mean it's still illegal to drive it until the Insurance Certificate has arrived? in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.Mr2Mike said:
What does "this Part of the Act" refer to? You can get instant cover over the phone now, does this mean it's still illegal to drive it until the Insurance Certificate has arrived?
If there's no tax disc on display, then yes. It's illegal to drive it until it's got the tax disc. But to get a tax disc, you need an original insurance certificate.SGirl said:
Mr2Mike said:
What does "this Part of the Act" refer to? You can get instant cover over the phone now, does this mean it's still illegal to drive it until the Insurance Certificate has arrived?
If there's no tax disc on display, then yes. It's illegal to drive it until it's got the tax disc. But to get a tax disc, you need an original insurance certificate.You'll get the new disc in a couple of days sir.
Am I legal to drive without a disc?
Oh yes sir, just leave a little note in the tax disc holder.
quote=Mr2Mike]
What does "this Part of the Act" refer to? You can get instant cover over the phone now, does this mean it's still illegal to drive it until the Insurance Certificate has arrived?
[/quote]
Part of this Act refers to Part VI RTA 88 sections 143 (using without) tio sections 156 (power to demand proof of Insurance before issuing Excise)
I have heard that Insurance Companies get round this by stating they act as Agent to the person insuring so they issue it themselves there and them.
dvd
What does "this Part of the Act" refer to? You can get instant cover over the phone now, does this mean it's still illegal to drive it until the Insurance Certificate has arrived?
[/quote]
Part of this Act refers to Part VI RTA 88 sections 143 (using without) tio sections 156 (power to demand proof of Insurance before issuing Excise)
I have heard that Insurance Companies get round this by stating they act as Agent to the person insuring so they issue it themselves there and them.
dvd
Mr2Mike said:
What does "this Part of the Act" refer to? You can get instant cover over the phone now, does this mean it's still illegal to drive it until the Insurance Certificate has arrived?
I've certainly seen comments before that say that strictly speaking you're not insured until the cover note is in your hand.To the OP - I'm amazed the council have agreed to waive the £15/day.
Ive got this problem in a way because my car was registered on the 1st of January. So for the last two years ive been driving around for a couple of days with no tax disk at new year.
The first time the car was being bought through two garages and the second the insurance documents were in the post - you know what the post is like around xmas and new year.
1st year - dad made a quick phone call to local bib station - explained the situation - (helped by using the new driver wants to take the car out at midnight on the 1st cos theres going to be hardly any traffic for the 1st time he goes solo + he is really exited!!) the advice: thanks for letting us know, if you are sure the car is taxed and just in the post between garages then you can take the car out - try and not leave it on a public road too much but if you put a note on the dash saying car taxed disk in post!
2nd time similiar thing but tax disk not ordered as it was when post offices were closed, think i got it online- the advice just get it asap - if you do get stopped dont be an ass - if its taxed its taxed - its unlikely youll get done but if you are found without it you may get a producer. and same if you leave it leave a note on the window.
I think both times they logged the call - if you are not trying to flout the system then they are pretty reasonable.
Your friend should have contacted them first - if you talk to them and not just try to get away with it then..it should work out ok.
The first time the car was being bought through two garages and the second the insurance documents were in the post - you know what the post is like around xmas and new year.
1st year - dad made a quick phone call to local bib station - explained the situation - (helped by using the new driver wants to take the car out at midnight on the 1st cos theres going to be hardly any traffic for the 1st time he goes solo + he is really exited!!) the advice: thanks for letting us know, if you are sure the car is taxed and just in the post between garages then you can take the car out - try and not leave it on a public road too much but if you put a note on the dash saying car taxed disk in post!
2nd time similiar thing but tax disk not ordered as it was when post offices were closed, think i got it online- the advice just get it asap - if you do get stopped dont be an ass - if its taxed its taxed - its unlikely youll get done but if you are found without it you may get a producer. and same if you leave it leave a note on the window.
I think both times they logged the call - if you are not trying to flout the system then they are pretty reasonable.
Your friend should have contacted them first - if you talk to them and not just try to get away with it then..it should work out ok.
Trouble is they brought this Act in that makes it an offence not to display a current Licence with no exemption for those that are or have applied for a Licence.(Minor - no points)
A person applying for a Licence from the 10th of the month has to pay duty from the 1st of that month. He gets the Licence in his hand (other than PO) maybe a week or so later. So vehicle duty has been paid during time vehicle parked up waiting for Licence to be road legal????
Plod performance requirements tend to dictate offence of fail to display is not delat with as it should be? Although to be fair I have never come across personally anyone who has been Effpended for it.
dvd
A person applying for a Licence from the 10th of the month has to pay duty from the 1st of that month. He gets the Licence in his hand (other than PO) maybe a week or so later. So vehicle duty has been paid during time vehicle parked up waiting for Licence to be road legal????
Plod performance requirements tend to dictate offence of fail to display is not delat with as it should be? Although to be fair I have never come across personally anyone who has been Effpended for it.
dvd
Dwight VanDriver said:
Trouble is they brought this Act in that makes it an offence not to display a current Licence with no exemption for those that are or have applied for a Licence.(Minor - no points)
...
Plod performance requirements tend to dictate offence of fail to display is not delat with as it should be?
DVLA are the ones who prosecute for failing to display as well as no tax at all, because it is a revenue offence. The normal way a Police Officer will deal with it is to complete a pro-forma statement from the DVLA saying that they have seen vehicle X on public road Y, and if the vehicle was attended that they spoke to Joe Bloggs who was with it and reported them for the offence, in reply they said......
Plod performance requirements tend to dictate offence of fail to display is not delat with as it should be?
Having said that, if there are a string of other traffic offences for which someone is being sent a summons, it may be added to the summons. Also, they have introduced a new £60 non-endorsable Fixed Penalty Notice for failing to display or no tax. In our force they have only been issued to Traffic Officers and most of them seem reluctant to issue them rather than report to DVLA.
The belief among local officers is that DVLA rarely prosecute for failing to display if their records show the vehicle did have tax at the time, though they do if they get more than one report about the same vehicle.
Andy
Have a look at Section 47 Vehicles Excise & Registration Act 1994
which states that proceedings for Section 29 (Using without) can only be taken with consent of Sec of State (DVLA)
It does not mention that this is so in relation to Section 33 (Fail to display) which means any Plod can enforce without authorisation from DVLA.
dvd
Have a look at Section 47 Vehicles Excise & Registration Act 1994
which states that proceedings for Section 29 (Using without) can only be taken with consent of Sec of State (DVLA)
It does not mention that this is so in relation to Section 33 (Fail to display) which means any Plod can enforce without authorisation from DVLA.
dvd
Dwight VanDriver said:
Andy
Have a look at Section 47 Vehicles Excise & Registration Act 1994
which states that proceedings for Section 29 (Using without) can only be taken with consent of Sec of State (DVLA)
It does not mention that this is so in relation to Section 33 (Fail to display) which means any Plod can enforce without authorisation from DVLA.
dvd
Have a look at Section 47 Vehicles Excise & Registration Act 1994
which states that proceedings for Section 29 (Using without) can only be taken with consent of Sec of State (DVLA)
It does not mention that this is so in relation to Section 33 (Fail to display) which means any Plod can enforce without authorisation from DVLA.
dvd
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff