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Wren M
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You should appeal for the following reasons.
1 – The DVLA guidelines state that all vehicles (except exempt classes) must be taxed or registered as off the road.
2 – An in-date and valid tax-disc must displayed on the left-hand side of the vehicle's windscreen. If the vehicle does not have a windscreen fitted, you will need to display the disc on the passenger side.
3 – However these are Guidelines and the DVLA recognise there may be reasons that a vehicle is not showing / correctly displaying a valid tax disc. Including damage / loss / theft, and most importantly to you, it may have been dislodged!
So under the law you have 16 days from the date of offence to produce a valid tax disc that was in date during the offence to have the fine annulled. |
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jet-set
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It's worth appealing - twice if necessary. I appealed, lost, appealed again, won! Have a go. |
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champagne
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Yes,Go for it.I had a similar problem last year when it fallen off my windscreen due to those useless magnetic holders.I had no proof but was let off.At the end of the day if a persons paid for a tax disc why the hell would they risk a fine by not showing it?..Is anyone really that daft ? |
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jamand
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Yes! You can complain - the law states that the vehicle must be taxed and it must be visible/displayed on the NEARSIDE of the vehicle to the front - it does not state that it has to be displayed on the windscreen - you could stick it to the side window or just leave it on the dashboard - as long as it is visible - that's fine
ADDED: Note the word VISIBLE |
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minty359
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you could trying to appealing it and submitting your evidence |
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badshotcop
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It does sound particularly harsh. I only issue tickets to cars that don't actually have any tax, and I always check by ringing up the DVLA first.
Technically not displaying a disc is an offence, although it's quite petty. You can appeal, but wether or not you'd get anywhere I don't know, because despite the pettiness it's still an offence. |
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Byte
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these days they take photographs ..... but if you have witnesses then give it a go
good luck |
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vdv_desantnik
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yeah, you can appeal and complain, send in a photocopy of your tax disc as well, the date of issue on the disc is your corroborative evidence. I worked as a parking attendant for 2 years and some of the f**kwits I worked with were terrible for things like this, and used to cause so much trouble!! |
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Bardic
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Does indeed sound particularly jobsworth. I always thought that the disk just had to be "prominently displayed", but I've just found the following on the DVLA website, which I suppose is what they will rely upon : "You must display this disc on the left-hand side of the vehicle's windscreen. If the vehicle does not have a windscreen fitted, you will need to display the disc on the passenger side."
I just wonder what would happen if the disk was properly attached and fell off while you were away - it does happen. I suppose that technically there's an offence there, but it's petty in the extreme! |
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Doethineb
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While there are specific guidelines in the Road Traffic regulations about just where the tax disc should be affixed on your windscreen, there are all kinds of human reasons why your disc might have slipped off (although you haven't given one to us!) and I would certainly appeal this. The kind of people this regulation is aimed at are people who give the authorities a run-around by not displaying their tax disc at all. £60 seems a draconian penalty for someone who was doing what he could to show that there was a tax disc in existence. |
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delphiums
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I think you would have to prove that it was attached to your windscreen when you left the vehicle. |
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rick_wenham
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Without the need to make worthless statements.
Yes you can appeal the issue of a fixed penalty notice, the tear off slip at the bottom on the reverse side has the request for a court hearing.
Unfortunatley going to court is the only way you can appeal this ticket, which takes time, but you could get the ticket quashe, but remember if the magistrate finds the case against you proven you will still get the £60 fine, but will also be liable for court costs. Think very carfully before you start court proceedings.
The letter of the law states that a vehicle excise licence must be displayed prominently in the lower left of the windscreen, I would consider it a bit harse if as you say your disc holder had dropped of the screen, most disc holders the glue is rubbish and they come unstuck when they get hot or cold.
The more evidence you have to say that the disk was there the stronger your case is, ultimatley the decision is yours. |
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mad keith
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complian if you think that your right |
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Alex
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Absolutely do not let them get away with that. Unless they have a photo of that part of your car and no tax disc is visable then you should fight it without a doubt.
=:-) |
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gynmedic
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Of course you can complain, but failure to display (properly) is failure to display.
You won't find any sympathy here! |
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macdelanoche
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Shame.!!! |
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.
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Bad news to follow, I'm afraid.
This is a strict liability offence and unfortunately you have absolutely no redress.
The tax disc must be displayed at all times on the windscreen. If it falls off, even if it is still in date, you are still liable for the offence.
Very unfortunate but do not waste your time, effort and money challenging it, as it will be extremely unlikely to do you any good. |
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Snot Me
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you will find the correct phrase is not displayed properly and yours wasn't
UNLUCKY ! |
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jimbob
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Excuses, excuses, excuses! |
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Gizmo
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Tough **** your nicked. |
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