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[The Barge Captain]

I got a fixed penalty notice the other day for failure to diplay a valid tax disc.  Now in that repect it was a fair cop as it wasn't on display, however i do have a valid tax disc, all stamped in date etc.

My question is , do i just have to swallow the fine, or is there any way of getting off?  Would it be worth me going to court or should i just write to the issuing authority?

All advise welcome.
Cheers guys.

[Ronald_McBurger]

Depends

The law states that you MUST display a valid tax disc if the car is on a public highway. If you drove or parked on a road without one, then you have broken the law and have to pay. IF it was stolen whilst parked, you can get off or IF you were in the process of having a windscreen changed at that exact minute, then that would be a fair defence. BUT if you just had it in the ghlovebox, sorry cough up.

Out of interest, where was it?

[hotel21]

Two seperate and distinct offences.  1) Failing to have and 2) Failing to display.  Obviously you cannot display what you do not have (1) but if its fallen off and lying face down on the floor, then the TW only sees the holder and cannot see the excise licence, and so gives you a £30 badge (2).  Likewise, if its slipped down the screen a bit and the regno is hidden but the expiry date is still visible, again you get a £30 badge as they cannot say if its your disc or someone elses - potential fraudulent display.

Otherwise, its as Ron McB states - lost, stolen, whatever and a conscience call to you.  

[miggy]

Two seperate and distinct offences.  1) Failing to have and 2) Failing to display.  Obviously you cannot display what you do not have (1) but if its fallen off and lying face down on the floor, then the TW only sees the holder and cannot see the excise licence, and so gives you a £30 badge.  Likewise, if its slipped down the screen a bit and the regno is hidden but the expiry date is still visible, again you get a £30 badge as they cannot say if its your disc or someone elses - potential fraudulent display.

Otherwise, its as Ron McB states - lost, stolen, whatever and a conscience call to you.  

Would it be worth him making a phone call and maybe he might get to talk to someone who is having a good day, I know it was not displayed but from producing the tax disc would they let it go as they would see it is taxed.

From your expierience have you known this happen

 

[hotel21]

A 'phone call costs next to nothing, so always worth a go.  You may just get a helpfull ear.  

Wouldn't hold my breath though.........  

[Danny]

i wouldnt hold my breath on that either

depends who has the power to waive a fine but from what i hear, at the time of the "offence", if there was justifiable reason to issue the ticket, then wouldnt it have to go through proper appeal procedures?

[hotel21]

You need to remember that if its fallen off and not clearly visible then, irrespective of whether its a valid disc or not and for that car or not, an offence is committed by simply not being on display and the TW or whoever correctly issues a ticket.  

Pretty much end of, as it were.

Seen the odd one cancelled where the dog in the car ate it or the toddler stuck it down the air vent and similar, but these are VERY rare round my way....  Most are simply nicked...

[miggy]

Give it a go, you never know

I got off with my first speeding offence 2 years ago, if I had not made a call to the speeding camera people I would not have known I was able to get let off the points but pay the £60.00 and attend a driving discussion on road safety in Bristol.

 

[miggy]

You need to remember that if its fallen off and not clearly visible then, irrespective of whether its a valid disc or not and for that car or not, an offence is committed by simply not being on display and the TW or whoever correctly issues a ticket.  

Pretty much end of, as it were.

Seen the odd one cancelled where the dog in the car ate it or the toddler stuck it down the air vent and similar, but these are VERY rare round my way....  Most are simply nicked...

You could always tell them SPONGEBOBS cupcake ate it

 

[Ronald_McBurger]

Bear in mind how most LA's work now. £30 fine. If you appeal they put everything on hold pending the outcome. If you win, fine is cancelled. If you lose (which you will) they then reinstate the fine.

BUT.....

this always happens outside the initial 28 days, so you now have to pay a £60 fine.

A bit of double or quits.

I had an incident 3 years ago in Nottingham when I was really bad. My blue badge was on the dash, but as I shut the door the draft must have moved it enough to slowly slide down and off the dash. Came back to fin a ticket. I also found the same PA. I asked him and he said he could see it on the floor, but it had to be on the dash.

idiot. I appealed and won. BUT this is a gamble and you need to have a really vaild excuse. The fact it is taxed is great, but if it ain't on show the b@stards will get you.

One of teh reasons why I actually refuse to teach traffic wardens and parking attendents.

[Martin_1962]

They occasionally fall off so phone them up and tell them.

Mine fell off - just got a producer

[Nickbat]

Bear in mind how most LA's work now. £30 fine. If you appeal they put everything on hold pending the outcome. If you win, fine is cancelled. If you lose (which you will) they then reinstate the fine.

BUT.....

this always happens outside the initial 28 days, so you now have to pay a £60 fine.

A bit of double or quits.

I had an incident 3 years ago in Nottingham when I was really bad. My blue badge was on the dash, but as I shut the door the draft must have moved it enough to slowly slide down and off the dash. Came back to fin a ticket. I also found the same PA. I asked him and he said he could see it on the floor, but it had to be on the dash.

idiot. I appealed and won. BUT this is a gamble and you need to have a really vaild excuse. The fact it is taxed is great, but if it ain't on show the b@stards will get you.

One of teh reasons why I actually refuse to teach traffic wardens and parking attendents.

I had exactly the same situation with a regular parking machine ticket. Stuck it on the dash, closed the door and the air pressure  blew it on the floor. Got done. Nothing I could do about, except whinge.

[The Barge Captain]

Depends

The law states that you MUST display a valid tax disc if the car is on a public highway. If you drove or parked on a road without one, then you have broken the law and have to pay. IF it was stolen whilst parked, you can get off or IF you were in the process of having a windscreen changed at that exact minute, then that would be a fair defence. BUT if you just had it in the ghlovebox, sorry cough up.

Out of interest, where was it?

Bristol city centre

[edwardmickey]

What a total joke!!

I've stopped cars with no tax displayed.  Very rarely, the car is taxed but disc is lost.  Whoever issued this ticket would have had the facility to check whether the rent's been paid.  I accept that fail to display is an offence but why would anyone pay tax and then not display?

Seems to me that the 'little man syndrome' affected the ticket issuer.

I'd definately telephone and try to get it overturned but you'd be lucky to succeed.  But good luck mate anyway.

[Danny]

IMHO "failure to display" should not be penalised with a fine if the car checks out to have tax, after all, a taxed car with a missing tax disc either suggests the disc has been stolen, or the failure to display is a genuine mistake

if someone accidentally forgets to take their tax disc out the house and to the car, if they've paid tax then they clearly dont need a fine to tell them to put it in the car!!