Tax Disc

[jackthehat]

I have just bought a tax disc on-line for my son. The disc will be delivered via post directly from DVLA to here, his home address. He is not currently in the country. His car, however, is elsewhere in the country. It is fully insured, naturally, and has current MOT. His first journey will be from there to here where he will be united with his tax disc. Any remote, electronic checks on the vehicle will show that it is fully legal; however, if he were to be stopped,etc. will the absence of the tax-disc leave him open to some sort of penalty ?

[kempie]

http://www.theanswerbank.co.uk/Motoring/Questi on461738.html

[jackthehat]

".......... the police have no need to check with the DVLA and can deal with the offence by issuing a Fixed Penalty Notice of �60".

Do they have any discretion in this matter ?

[kempie]

The police have discretion to act on any offence within the guidelines issued by their superiors - e.g. they can give verbal warnings, issue a fixed penalty notice or arrest and ultimately charge.

On a good day an explanation of events may be sufficient to warrant the proverbial turning of the "blind eye", but it is no real hardship on the part of a PC to issue the FPN either.

[kempie]

^^^ oops! - I meant to put

discretion (depending on level of severity)

[jackthehat]

Thanks, Kempie.
Under the circumstances, it would be a real kick in the teeth if he were to be stopped, etc. But I can't think of anyway round it.......

[jackthehat]

bah ! I'm at it now...........I meant, of course, 'any way round it'

[NORMANTHEDOG]

when it arrives,you can allways post it to your sons address.

[jackthehat]

That is not an option, Norman.

[NORMANTHEDOG]

and why is it not a option.

[jackthehat]

Is that really any of your business, Norman ?

It is the most logical thing to do and, had it been possible, that is what I would have done.............

[New Judge]

Then it is possible that will face a charge of failing to display a valid tax disc. It's quite straightforward.

[jackthehat]

New Judge - It may be 'quite straightforward' but words like 'possible,....... may,........... perhaps............' indicate that there may be room for discretionary decisions............which was the crux of my posting.

My son is serving in Afghanistan. He will be returning to his base later this month where he will collect his car and make his way home to his fretful Mother.........
In his absence, any post sent to his barracks is 'unsecure' and there is no guarantee that he will be able to find said tax-disc before he wishes to travel. Rather than have the disc go astray it makes more sense to us for 'it' to remain here and him to come up and join it...........

[gina32]

is it possible, although a pain i understand, that you could go to where he is and give him the tax disc personally? i think that under the circumstances should he be stopped, and your son explains the situation, that the officer would turn a blind eye, after all he is one of our service boys serving in afghanistan, and he has returned home safe and well who could ask for more.

[jackthehat]

Thanks for your considered and considerate answer, Gina..........but that's not a possibility either.............different ends of the country...........

[gina32]

thats a shame, so lets hope that he doesnt get stopped and if he does that he has a kind hearted copper. good luck and well done to your son

[NORMANTHEDOG]

and theres me thinking most wifes and parents meet their sons and husbands when they come home from war,shame you cant go and give him the tax.

[Ethel]

Norm - you have no knowledge of the circumstances. Not everyone is able to leave home for a day, for a variety of reasons.

[jackthehat]

Norm...........I was rather concerned I might get one of your 'chippy' answers which is why I chose not to indulge you..........however,

He will probably land at his barracks which does not allow for the sort of home-coming greeting so beloved of the news programmes.............

After his debriefing, etc. he will then leave his barracks and come home.

I utterly resent your comments, Norm..............I'm desperate to see him and would have willingly travelled across the country to squint at him through the chain-link fencing, if it were possible..............but it's not and neither can I hand him his tax-disc in person, you insufferable prig !!

[New Judge]

Jack, it really is quite straightforward.

The days when the authorities exercised common sense or discretion are long gone, for various reasons. If your son is stopped whilst not displaying a valid tax disc he will be reported and prosecuted. Drivers whose disc has falled off the windscreen and was on the floor of the car have been prosecuted The only reason I added "may" to my answer was because, of course, he may not be stopped.

He will be guilty of an offence and if he chooses to have the matter heard in court (instead of accepting a fixed penalty) he will have little realistic option but to plead guilty. (he will certainly be found guilty if he elects to plead not guilty). He will be able to put mitigation to the court, but he will still be guilty nonetheless.

Sorry if it's not the answer you'd like to hear, but that's the way it is in the UK today.

[jno]

well, I don't know - I got stopped last year because my disc had fallen on the floor; I picked it up and restored it to its holder (don't know how it got loose) and was waved on. It is, however, the only time a cop has ever passed up the slightest opportunity to give me a ticket, so regrettably New Judge is probably right.