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MaybeGuy
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PostPosted: 19:54 - 10 Nov 2009    Post subject: tax penalties? Reply with quote

what are the bads that can happen when caught without tax?

i bought my KTM a few months ago with a missing tax disk, was assured it was taxed, checked on the DVLA website, it showed as licenced, and thought nothing more of it...

the MOT runs out in december, so i had it set in my head that the tax must expire after the MOT seeing as you cant get 6 months for a 400cc.

so today, i get collared by MOD police for failure to display a tax disk. They said they're going to send a P28 or some form off to the DVLA.

if the form comes back as taxed, im in the clear, if it doesnt, i have to go to court apparantly.

i was stopped at 12:00pm, and the bike was taxed by 2pm...

I'm off to truro at the weekend to backpay the outstanding tax.

if it comes back as me not having tax (which it probably will, as after checking, it expired on september 1st) what is likely to happen if i've since taxed the vehicle and repaid all outstanding tax?

completely my fault for not double checking i know, but meh, things happen.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith


Last edited by MaybeGuy on 20:04 - 10 Nov 2009; edited 1 time in total
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Mystery
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PostPosted: 19:59 - 10 Nov 2009    Post subject: Reply with quote

dunno what will happen but you might get like a 60 quid fine and i don't think you will get points for failing to tax a bike (don't quote me though)
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truslack
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PostPosted: 20:02 - 10 Nov 2009    Post subject: Reply with quote

Why did the MOD police pull you? I thought they rarely got involved with civvy matters?
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waffles
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PostPosted: 20:05 - 10 Nov 2009    Post subject: Reply with quote

According to the DVLA website

Quote:
The Driver and Vehicle Licensing Agency (DVLA) carries out a computer check each month, as well as roadside checks to identify those vehicles without a valid tax disc. You could face an automatic penalty of £80 as well as a minimum fine of £1000. Your vehicle could be clamped, impounded or even crushed.


The fact that it is now all taxed and you are going to backpay what you owe should help you out. I would imagine that the most they would do is issue a penalty.
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MaybeGuy
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PostPosted: 20:07 - 10 Nov 2009    Post subject: Reply with quote

truslack wrote:
Why did the MOD police pull you? I thought they rarely got involved with civvy matters?


i work on military property. they sometimes have police at the gates stopping and checking vehicles.

EDIT: the police couldnt find out if it actually was taxed without this P28 form... does it give a specific time? as it was taxed on the same day within 2 hours.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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PostPosted: 20:35 - 10 Nov 2009    Post subject: Reply with quote

Worst scenario= no tax,so no insurance,your vehicle gets crushed,and you have to contribute a grand to help with the costs of the coppers xmas party. Laughing
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MaybeGuy
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PostPosted: 20:37 - 10 Nov 2009    Post subject: Reply with quote

max power wrote:
Worst scenario= no tax,so no insurance,and your vehicle gets crushed.


didnt i mention my friend bought the bike the day before the court hearing? Liar
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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PostPosted: 20:39 - 10 Nov 2009    Post subject: Reply with quote

mattsprattuk wrote:
max power wrote:
Worst scenario= no tax,so no insurance,and your vehicle gets crushed.


didnt i mention my friend bought the bike the day before the court hearing? Liar


Good story if you can prove it....you`ll still be paying money towards the coppers xmas bash though Laughing
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cyclops12
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PostPosted: 20:48 - 10 Nov 2009    Post subject: Reply with quote

Cant remember where i see it but from the 11th of November police officers will have the power to sieze vehicles with out of date Vehicle Excise Licences and crush them
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MaybeGuy
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PostPosted: 20:50 - 10 Nov 2009    Post subject: Reply with quote

busapaul wrote:
Cant remember where i see it but from the 11th of November police officers will have the power to sieze vehicles with out of date Vehicle Excise Licences and crush them


thank fuck for that if its true Laughing
saved by 1 day

max power wrote:


Good story if you can prove it....you`ll still be paying money towards the coppers xmas bash though Laughing


pah. i can talk to police like hugh heffner to young girls.
how do you think i still have a clean licence? (so far)
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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cyclops12
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PostPosted: 20:53 - 10 Nov 2009    Post subject: Reply with quote

Yes before that date they could only report you for no tax as it was a civil matter
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Blue_SV650S
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PostPosted: 21:03 - 10 Nov 2009    Post subject: Reply with quote

Not having tax and not displaying a valid tax disk are BOTH offenses (separate offenses, but still BOTH offenses).

It matters none even if the bike was physically taxed (your doubly fecked as it wasn't), if you are not displaying it, they can fine you ... bang-to-rights. Cool

I'll give them a ring in the morning and make sure they know this - that way they can cane you for it! Thumbs Up
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Last edited by Blue_SV650S on 21:10 - 10 Nov 2009; edited 1 time in total
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PostPosted: 21:06 - 10 Nov 2009    Post subject: Reply with quote

mattsprattuk wrote:


pah. i can talk to police like hugh heffner to young girls.
how do you think i still have a clean licence? (so far)


Coppers and magistrates aren`t as gullible as blond bimbos though. Wink
If you say you`ve sold the bike do you think they`ll just say "ok no worries".
No chance mate,they`ll want to see a receipt of sale and they`ll require evidence from you to prove you`re no longer the registered keeper.They`ll do other investigations into "live" insurance policies on the vehicle aswell......etc etc etc.

Curb your over confidence or it`ll bite you in the ass one of these days.If you want to stay ahead of the legal system you`ll need to play it smart. (or better still just play by the rules in the first place) Thumbs Up
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MaybeGuy
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PostPosted: 21:11 - 10 Nov 2009    Post subject: Reply with quote

Blue_SV650S wrote:
Not having tax and not displaying a valid tax disk are BOTH offenses (separate offenses, but still BOTH offenses).

It matters none the bike might be be physically taxed, if you are not displaying it, they can fine you ... bang-to-rights. Cool

I'll give them a ring in the morning and make sure they know this - that way they can cane you for it! Thumbs Up


i'm fully aware i'm in the wrong. as stated. i'm expecting a fine, maybe points. i posted asking what is likely to be the fine.

i also said i was unaware, and have taxed the bike and will backpay the tax and if this will act in my favour.

max power. if i was to say i sold the bike, it would be as simple as filling out the V5 in my friends name and dating it the day before the hearing. then he just sends it back when its all blown over.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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Blue_SV650S
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PostPosted: 21:19 - 10 Nov 2009    Post subject: Reply with quote

mattsprattuk wrote:

i'm fully aware i'm in the wrong. as stated. i'm expecting a fine, maybe points. i posted asking what is likely to be the fine.

i also said i was unaware, and have taxed the bike and will backpay the tax and if this will act in my favour.


Its £80 automatic for the non-display, plus the cost of a new disk.

As for riding without tax, I think that is upto £1000 and a visit to a judge?! Thumbs Up


All the info can be found on here:- https://www.direct.gov.uk
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MaybeGuy
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PostPosted: 21:29 - 10 Nov 2009    Post subject: Reply with quote

i was told that if it comes back as taxed, i wouldnt hear any more about it, but if it doesnt, then chances are i'll go to court.

TBH i'm expecting a court summons, hence trying to lick arse straight after realising my error.

im also hoping that the DVLA send the form back saying ''it was taxed on that day, kthxbai'' and that will be that.

i didnt sign anything, so does that count for anything?
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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Blue_SV650S
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PostPosted: 21:41 - 10 Nov 2009    Post subject: Reply with quote

mattsprattuk wrote:
i was told that if it comes back as taxed, i wouldnt hear any more about it, but if it doesnt, then chances are i'll go to court.

TBH i'm expecting a court summons, hence trying to lick arse straight after realising my error.

im also hoping that the DVLA send the form back saying ''it was taxed on that day, kthxbai'' and that will be that.

i didnt sign anything, so does that count for anything?


You would have been forced to backpay either way, admitting you dropped a bollok and have been proactive might go down well in court. But fact was that when you go stopped you were riding without tax - simples (ignorance is no defense).

The fact you retrospectively paid it shouldn't prevent a fine (it is fecking unfair if it does) just means they probably won't max out on you!! Thumbs Up

It hasn't been out of tax THAT long, so unless you really push your luck and try and weasel out of it by falsifying documentation, then you should get off as light as possible.

But for a more definitive answer, contact the tax people and ask them how they would intend to proceed and what the likely outcome is.

How come you didn't get the 'reminder' - is the bike in your name?
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Mystery
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PostPosted: 21:42 - 10 Nov 2009    Post subject: Reply with quote

mattsprattuk wrote:

pah. i can talk to police like hugh heffner to young girls.
how do you think i still have a clean licence? (so far)


to much cock sucking Laughing
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MaybeGuy
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PostPosted: 21:49 - 10 Nov 2009    Post subject: Reply with quote

ive had the bike for about 2 months, which is probably why the reminder didnt come to me.

pretty shocking really, because all this time it hasnt had a tax disk, and i havnt been collared for it before. rode it back from bristol and commuted daily as well as riding it in my spare time. racked up about 2000 miles.

i even got pulled over for wheelieing, and they ran the plate through... nothing! even though it cant have had tax if it expired 1st sept.

its weird. oh well, ill take it as it comes.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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stinkwheel
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PostPosted: 21:55 - 10 Nov 2009    Post subject: Reply with quote

The DVLA can seize untaxed vehicles there and then and they can be crushed if you don't come and pick them up within a week showing tax and paying a release fee.

I'm pretty certain there is nothing in law that gives either the police or the DVLA the power to enter private propoerty and seize a vehicle without a court order. The power to seize a vehicle only applies to vehicles on the road.

They could take you to court where you could be fined UP TO £1000 (which a seriously doubt they will for a matter of a £45 tax disc expired for a couple of months), they'll probably send you an option of a fixed penalty notice.

In all probability, nothing wil happen, the DVLA aren't very well organised. I think they would have to issue an NIP within 14 days like with other motoring offences (it sounds like they didn't give you a verbal one because they didn't know if you were taxed or not).

I get reported to the DVLA fdor failure to display a tax disc about once a fortnight (gives my local PCSO something to do with his time, he does seem to enjoy sticking things to my windscreen.. bless his little cotton socks). Nothing ever comes of it.

Government agencies are fond of quoting the maximum penalty in their propoganda. At the end of the day, it is up to the magistrate. You could be fined up to £1,000, get six points and a ban for doing 35 in a 30 limit. Doesn't mean this is what actually happens.
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Pete.
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PostPosted: 22:08 - 10 Nov 2009    Post subject: Reply with quote

stinkwheel wrote:
I'm pretty certain there is nothing in law that gives either the police or the DVLA the power to enter private propoerty and seize a vehicle without a court order. The power to seize a vehicle only applies to vehicles on the road.



I'm sure I read on pepipoo that they can clamp an untaxed vehicle on private property - but not if it's standing on a driveway (that must be shown as a parking place on the land registry, or something like that).
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MaybeGuy
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PostPosted: 22:12 - 10 Nov 2009    Post subject: Reply with quote

Geri wrote:
stinkwheel wrote:
I'm pretty certain there is nothing in law that gives either the police or the DVLA the power to enter private propoerty and seize a vehicle without a court order. The power to seize a vehicle only applies to vehicles on the road.



I'm sure I read on pepipoo that they can clamp an untaxed vehicle on private property - but not if it's standing on a driveway (that must be shown as a parking place on the land registry, or something like that).


thankfully i live in a snobby house with a private drive leading to the house. i can have all the untaxed vehicles i want Laughing

cheers stinkwheel. i hope you're right. so i have 2 weeks to stew until it blows over?
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!! Mr. Green
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith
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sickpup
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PostPosted: 22:14 - 10 Nov 2009    Post subject: Reply with quote

truslack wrote:
Why did the MOD police pull you? I thought they rarely got involved with civvy matters?


iirc 2001 terrorism act gave the MOD, the BT and possibly the AEA Constabulary the powers to deal with Civilian matters in th same way as the ordinary Police. It means there are 3 national Police forces within the UK that answer only to Whitehall and not the people.
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Robert2014
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PostPosted: 22:45 - 10 Nov 2009    Post subject: Reply with quote

u will get a Fine For £60 no point's
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stinkwheel
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PostPosted: 01:08 - 11 Nov 2009    Post subject: Reply with quote

Geri wrote:

I'm sure I read on pepipoo that they can clamp an untaxed vehicle on private property - but not if it's standing on a driveway (that must be shown as a parking place on the land registry, or something like that).


But they would be comitting trespass in order to do so in England.

This would mean that having asked them to leave your property, if they did not do so by the shortest available route, you would be legally entitled to use reasonable force to remove them yourself.

I think the actual phrase goes something like they can't enter "a private dwelling" to clamp or seize a vehicle
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