Paid to Park but fined £60
Discussion
I do not believe this, but maybee I am wrong.
One of my collegues had his tax disc stolen some time ago, the leasing company have been having dificulty obtaining a replacement from DVLA, there is a note in his tax disc holder saying current disk stolen replacement awaited.
The driver parked in a pay and display car park purchasing and displaying a ticket as prescribed, when he returned to the car he had been ticketed with an excess charge notice, fine £60. On appealing against the ticket as he had paid and displayed, his appeal has been rejected on the grounds that as the road fund licence displayed had expired, this invalidated his pay and display ticket. Surely, these are two seperate issues.
One of my collegues had his tax disc stolen some time ago, the leasing company have been having dificulty obtaining a replacement from DVLA, there is a note in his tax disc holder saying current disk stolen replacement awaited.
The driver parked in a pay and display car park purchasing and displaying a ticket as prescribed, when he returned to the car he had been ticketed with an excess charge notice, fine £60. On appealing against the ticket as he had paid and displayed, his appeal has been rejected on the grounds that as the road fund licence displayed had expired, this invalidated his pay and display ticket. Surely, these are two seperate issues.
council? Cheeky gits. I presume (not!) that there is clear signage indicating that you can only park there whilst displaying a valid tax disk?Get them to show where in the law it states that the pay & display ticket was invaild.
Under contract law, once an attempt was made to purchase a ticket from the machine a contract was formed between your mate and the people who run the car park.
If they can provide evidence that he should have had a tax disk to be entitled to park then the contract was broken by your mate. (This will never happen as no where in any law I have looked at so far supports thier case)
As (as far as I can find) it was the car park operators who broke the contract tell them you will sue, loss of earnings ect..
Under contract law, once an attempt was made to purchase a ticket from the machine a contract was formed between your mate and the people who run the car park.
If they can provide evidence that he should have had a tax disk to be entitled to park then the contract was broken by your mate. (This will never happen as no where in any law I have looked at so far supports thier case)
As (as far as I can find) it was the car park operators who broke the contract tell them you will sue, loss of earnings ect..
How would you PH BiB view this? If stopped on a public road, I mean without a tax disc even though he had paid, and had been the victim of crime in having it stolen?
NOT DISPLAYING? Seems a bit harsh to me? He can't be prosecuted for NO road tax - he's paid!
Still, prosecute the victim! we've heard it all before!
NOT DISPLAYING? Seems a bit harsh to me? He can't be prosecuted for NO road tax - he's paid!
Still, prosecute the victim! we've heard it all before!
8Pack said:
How would you PH BiB view this? If stopped on a public road, I mean without a tax disc even though he had paid, and had been the victim of crime in having it stolen?
NOT DISPLAYING? Seems a bit harsh to me? He can't be prosecuted for NO road tax - he's paid!
Still, prosecute the victim! we've heard it all before!
I got fined £12 by Matlock mags for not displaying tax disc, even though the car was taxed. Just that I'd bought the disc early and it was sitting on the sideboard instead of the windscreen. Only a few days over the end of the month too.
Basically the plod in question just had an anti thing about rally cars. Eventually after a very long inspection of docs / vehicle etc the missing disc was the only thing he could find. The reason given for stopping was that "the car was being driven in a manner inconsistent with that expected." In other words it was a 30 limit and I was doing 29-30.
One of those things I guess.
Bat21 said:This is the confusing part. They're not saying he was given a penalty for not having tax for the car or for not displaying the disc correctly... but for invalidating his pay and display ticket?????
his appeal has been rejected on the grounds that as the road fund licence displayed had expired, this invalidated his pay and display ticket
If a tax disc is lost/stolen do they issue a replacement or do you have to buy a new tax disc? Shouldn't the leasing company just cough up and issue a new tax disc? Can you drive your car after a tax disc has been lost?
MC
MajorClanger said:
his appeal has been rejected on the grounds that as the road fund licence displayed had expired, this invalidated his pay and display ticket
This is the confusing part. They're not saying he was given a penalty for not having tax for the car or for not displaying the disc correctly... but for invalidating his pay and display ticket?????
If a tax disc is lost/stolen do they issue a replacement or do you have to buy a new tax disc? Shouldn't the leasing company just cough up and issue a new tax disc? Can you drive your car after a tax disc has been lost?
MC
I'd agree with this it just doesn't make sense.
Also the bit about the leasing company having difficulty obtaining a replacement. If yourtax disc is lost you complete form V20, go along to your local DVLA office with your registration docs and £7 fee, a replacement tax disc will be issued immediately if their records tally with your address. Otherwise delay until records updated.
If the tax disc has been stolen there is the expectation that the theft will be reported to the police.
Flat in Fifth said:
Bat21 said:
his appeal has been rejected on the grounds that as the road fund licence displayed had expired, this invalidated his pay and display ticket
This is the confusing part. They're not saying he was given a penalty for not having tax for the car or for not displaying the disc correctly... but for invalidating his pay and display ticket?????
If a tax disc is lost/stolen do they issue a replacement or do you have to buy a new tax disc? Shouldn't the leasing company just cough up and issue a new tax disc? Can you drive your car after a tax disc has been lost?
MC
I'd agree with this it just doesn't make sense.
Also the bit about the leasing company having difficulty obtaining a replacement. If yourtax disc is lost you complete form V20, go along to your local DVLA office with your registration docs and £7 fee, a replacement tax disc will be issued immediately if their records tally with your address. Otherwise delay until records updated.
If the tax disc has been stolen there is the expectation that the theft will be reported to the police.
Well yeah but we are dealing with Lala land here. I got pulled in my pissant for no tax, followed me fer ages then pulled me when I turned off. I was gobsmacked when I saw no tax in the screen and realised it had been nicked when the car was broken into the week before. I just had the window repaired and informed plod etc, got a crime number. I was handed a 60squid fixed penalty for not displaying. Not much I can do about that so I pay up. Then head for local Lala office to find that Lala central in Swansea have no record of the car or the tax despite me having the V5 as proof that I was the registered keeper. (this actually worked to my advantage cos I got done by a revenue van in Knutsford the previous minth and wondered why I had heard nothing). So no replacement tax disk is forthcoming. They have a record of me taxing it for the first time but as far as Lala central is concerned the car has been out of existence for 2 years despite me having retained last years tax disc as evidence. :Rolleyes: Never mind then I will just tax the car again. So I do that and buy six months while the nice people in lala land do an extensive search for the records.
Then I get a demand for the the gap tax or a threat of court for non payment of road tax a few weeks later. So I write and explain. So I am now dealing with three separate branches of Lala land including Swansea central. They eventually accept I am telling the truth and contact the local office of the terminally bewildered (post office).
They have no records cos they have not been computerised yet or some such nonsense. So I end up paying another 90 quid rather than risk more money in a court battle.
Mind you on the upside It cost me 90 quid to avoid reaching 6 points so I reckon I did OK.
Britain is bolloxed though while all these tickers and stampers were administriviaisationising loads of violent crime occured and the kids education is still crap.
I understand that the DVLA does a regular compare of all tax discs purchased that period (from the Post Office) against the list of vehicles needing to be taxed in their database. Those missing from the "purchased" list are sent the fine. Once the compare is complete, the records from the Post Office are deleted. Hearsay, but sounds plausible....
I couldn't believe this the first time I saw it but I have just parked in a pay and display in Great Yarmouth and on the back of the parking signs it states that if you do not display a valid tax disk you are contravening the parking regulations.
The only reason I saw it was because I parked away from everyone else behind the machine. The other three quarters of the car park would have approached the machine from the front and not seen it.
James
The only reason I saw it was because I parked away from everyone else behind the machine. The other three quarters of the car park would have approached the machine from the front and not seen it.
James
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