Urgent tax disk issue

[DougStevens]

Hi. got a rather urgent question, as a summons has just landed on my doorstep.

 

 

I bought a van in Nov 2013. The dealer said it was taxed to Jan 31 14, and MOT'd till Mid May 14. I gave the documents a once over, and everything seemed fine (Tax disk stated it was for a Renault, and up to Jan 31 14.)

 

 

 

 

The van was a pup. Complete rubbish. It was in various garages from 19th December till 9th Feb.

When it came out, supposedly repaired, it was as bad as ever, wouldn't start, etc. The 9th of Feb was a Saturday, so I couldn't tax it (I got the van back till about 2PM.) On Monday Morning, it was clamped. DVLA also reported that the van hadn't been taxed since Sept 2013.

 

 

On closer examination, it turns out that the tax disk was off another vehicle, but to be honest, I had to be shown by the police how to distinguish that.

 

 

After months of wrangling, the DVLA have issues a summons, so what I need is rather specific information as to laws / acts broken here.

 

 

Sale of Good and Services Act, presumably,

But what laws are involved?

 

 

As I say, I need specifics, because after initially getting involved, and saying it was illegal, the police are trying to back off.

 

 

Thanks in advance.

[Conniff]

It's certainly illegal to display a tax disc from another car.

 

 

What do you have in writing from the seller about the tax and mot ?

[DougStevens]

It's certainly illegal to display a tax disc from another car.

 

 

What do you have in writing from the seller about the tax and mot ?

 

 

I have the sales receipt, which has a box for "Tax" which says Jan 14, and "MOT" which says May 14

[Conniff]

I'm a bit confused as to why you hadn't applied for a new disc before the end of January, any time up to 3 weeks before it expired?

 

 

You will need to name the selling dealer as he is the one who sold it with the wrong disc displayed. It matter not if he was aware, he should have checked.

 

 

Forgot to ask, are the police taking any action against you ?

[DougStevens]

I'm a bit confused as to why you hadn't applied for a new disc before the end of January, any time up to 3 weeks before it expired?

 

 

You will need to name the selling dealer as he is the one who sold it with the wrong disc displayed. It matter not if he was aware, he should have checked.

 

 

Forgot to ask, are the police taking any action against you ?

 

 

 

 

This dates back to then. However, the vehicle was in a (Commercial) garage for repairs between 19th Dec and 9th Feb. When I got it back, I immediately tried to tax it online, but as the DVLA hadn't done something (something to do with forms or something not sent by the seller.), it wouldn't allow me to. As this was by now 3:30 in the afternoon, I had to arrange to get it at the post office on Monday - by which time it had been clamped.

 

 

The police originally said it was illegal, and they were looking into it (12th Dec for crime number) but it fell into a black hole apparently. Now they're trying to wriggle out of responsibility, saying they were waiting for the DVLA to get back to them over this.

 

 

Court date is 27th June, btw.

[DougStevens]

It turns out that the tax disc in question was actually from the vehicle in question, but that it had had a "cherished number" and the previous owner had reverted it back to it's original number prior to selling it.

 

 

I'd have thought that it was his / the garages / DVLAs responsibility to ensure the tax disc details were correct?