Tax Disc slightly obscured - fixed penalty?? Help!

[MEB]

Dear all,

 

I am looking for some advice as whether to bother going to court or if I should just cough up the fixed penalty.

 

My car has a valid tax disc displayed in a tax disc holder in the bottom left of my windscreen (if sat in car), I was therefore pretty suprised to get back to my car and see a police sticker awaiting me. The problem seems to be that the top of the holder is slightly obscuring 3 of the tax disc numbers. If you look at the disc straight down you can't read these numbers, if you bend your knees slightly or choose another angle to look at the disc from you can read them ok. I have never has so much as a parking ticket before, I have a clean license and am always bang up to date with my tax and Mot ETC SO I feel this is a little mean. Any advice?

 

Thank you,

 

MEB.

[TD27]

What offence have they written on the ticket?

[Lula]

Is there anyway that you can scan it? I have heard of scams that purport to come from the police but the contact details are way way different. Was there a picture taken by the "officer" at the time?

[MEB]

The ticket is marked at the 'failing to exhibit current excise licence' with '???429070 written next to it which I took to mean he could not see the first 3 numbers. It looks all official -no photo (although I have taken some) signed my a PC with his number next to it....

[Lula]

If only a few digits at the top were missing then I fail to see how this is really an offence, what are the ways to pay, inluding any phone numbers that you can contact, does it give the officers name and badge number? can you scan the ticket obscurring and personal details?

[gwc1000]

If only a few digits at the top were missing then I fail to see how this is really an offence

Because the digits are the only true way of knowing that the tax disc was issued for the car on which it is displayed.

I do accept however it is harsh as the OP stated that if you looked from a different angle they were visible.

[Lula]

It is very harsh, the disc is there and sometimes just a slight adjustment is needed, I thought failing to display was for people who didnt have one not for slightly obscured. If it were me, and I am not advocating this course of action, I would let them take me to court and i would see what a judge though, take plenty of photos of it.

[MEB]

It says on the front 'mitigation will not be considered and correspondence not entered into'. I have a double sided form intide the ticket pocket - one sign is payment, the other it request for a court hearing.....

It does give the officers name and badge number but looks like I am not allowed to contact them about it.

[TD27]

I can't believe I'm saying this but I'd be tempted to put in a complaint.

 

The officer could have checked via radio whether or not the car had a current VEL in place. That would mitigate the need to see the numbers at the top.

 

Also, I presume he / she could read your registration number on the tax disc easily?

 

I would complain because its the only way to get the attention of a senior officer, and it does appear that this officer is being unduly harsh.

 

Whether or not they cancel the ticket remains to be seen, but on the face of it this does not appear to be reasonable in my opinion.

 

Offer to come in and show them your pics, the ticket etc. But you must do it as a formal complaint. Don't just call the ticket office. Call the local station.

[My Real Name]

Because the digits are the only true way of knowing that the tax disc was issued for the car on which it is displayed.

That would only be an issue if the offence were of not having a valid VED disk, surely.

 

If the offence is failing to exhibit, I would want to know what "exhibit" means in this context.

 

I'm sure that it doesn't mean that the disc needs to be put on a wall in the Tate, for example.

 

Maybe this is one for someone that know hoe magistrate's courts interpret the requirement to display a valid VED disc.

[MEB]

yes - date + reg details all easy to see. I don't even mind paying the fine if I did something wrong but I just can't see what that was. Thank you for the replies, glad it is not just me that thinks this is a little harsh. I think I will call the local station....

[My Real Name]

Can you post up a scan of the front & back of the ticket?

[Lula]

YEs , complain and I would tick the box to go to court, the CPS have to consider whether it is likely that they would get a conviction and I dont think that they would in this instance, sounds like some jobsworth, go to your local police station and ask for a copy of their complaints procedure.

 

I would fight this, can you post up the pictures that you took

[MEB]

Left the camera at home so do not have photos on me but can put them up tomorrow. Have the ticket though - will put that up in just a minute

[MEB]

Think I have attached it correctly....

Edited September 23, 2009 by MEB

[Lula]

ok, you need to obliterate your personal details

[Lula]

I think that as it says they will not discuss it, you are going to have to go to court if you want to fight it, but try the complaints procedure first. We need to see the pictures that you took at the time though.

[MEB]

Apart from my munber plate and the city I live in there are no further details - should I get rid of these?

[Lula]

just your number plate and the officers number

[gwc1000]

yes - date + reg details all easy to see. I don't even mind paying the fine if I did something wrong but I just can't see what that was. Thank you for the replies, glad it is not just me that thinks this is a little harsh. I think I will call the local station....

But the problem is that normally the VRM is written in by hand on the disc, and this number is often changed by pen by tax evaders so that the wrong disc can be used on a vehicle. It is the serial number that identifies the disc.

[crem]

If being able to fully read the disk number is so important then IMO it should not be placed anywhere near the edge of the disk. There is plenty of room on the disk for such a small font item, such as directly underneath the bar code which is right in the middle and impossible to obscure. The bar code is presumably the machine-readable version of the licence number anyway and it is common practice to place the HRC version directly underneath it. (just look at any grocery item in your cupboard to see they always write the digits underneath the barcode for scanning at the tills)

Edited September 23, 2009 by crem

[MEB]

And it wasn't even that it was impossible to read - you just had to bend down a touch or look at it from a different angle to read it fully.

[TD27]

But the problem is that normally the VRM is written in by hand on the disc, and this number is often changed by pen by tax evaders so that the wrong disc can be used on a vehicle. It is the serial number that identifies the disc.

 

All absolutely right, but I know few if any officers in my (not inconsiderable) time who have ever checked a tax disc by the serial numbers unless investigating some form of fraudulent use.

 

Hence a quick check on the radio should determine whether there is anything untoward.

 

This does seem unduly harsh in my opinion. I can see no reason for it. I think its taking failing to display a bit far.

[gwc1000]

I agree, TD27, it would appear that the officer is being over zealous. If it were me, I would not accept the fixed penalty and request a Court appearance. Surely with his photos the OP has a chance of winning this in Court?

[TD27]

On the face of it I would say so.

 

Its worth a bit of digging into just to be on the safe side - roadside lawyer or similar.

 

I just can't see how its reasonable, so I would expect the court to see that. However, there are never any guarantees!