Non display of tax disc

07734

heya

is there any allowance made in the law for a situation where a fixed penalty is issued for not displaying a tax disc, where it can be shown that

(a) the car was recently bought (a few weeks)
(b) the tax has been applied for (the disc was issued the day after an alleged offence.

should any fine simply be paid, as, yes, the disc was not displayed on the day in question. however, as the tax is backdated to the start of the month, the vehicle was indeed taxed on that day.

thanks

07734

Tail Wagger

07734 wrote: »

heya

is there any allowance made in the law for a situation where a fixed penalty is issued for not displaying a tax disc, where it can be shown that

(a) the car was recently bought (a few weeks)
(b) the tax has been applied for (the disc was issued the day after an alleged offence.

should any fine simply be paid, as, yes, the disc was not displayed on the day in question. however, as the tax is backdated to the start of the month, the vehicle was indeed taxed on that day.

thanks

07734

Think that could be a bit tricky, You say you have the car a couple of weeks.
when was it changed over to your name? Once you are caught for non display you could be still done, but you may still have to go to court to prove you had sent off all the papers and you actually received your disc after the offence... Judges are not that bad once your not trying to wipe their eye. You'd be waisting your time trying to track the person who issued the ticket, so your only option is to wait until the summons comes or pay the fine.

Locust

simple answer? allowance in law? no i don't think so.

There is law saying the car must be taxed and also law saying that the tax must be displayed

fair enough the car was taxed - you've been ticketed/or whatever for non-display

Bottom line in law is that if the car is being used a valid tax disc must be displayed at the time.

MagicSean

If you're sure you want to fight it wait for the summons. The person who gave you the ticked will be named on it. You can try and talk to him and explain. If he doesn't listen you can go to court and explain to the judge. I've found judges to be quite fair in situations like this but its still a lottery. Was it council or Gardaí who gave the fine?

07734

Thanks for the replies.

My wife bought the car at the end of November. The disc was issued on the 8th of December. I can't remember exacty when, but I reckon the form was posted off to tax it about the 3rd or 4th, i'd have to find my cheque book!

The fine was a fixed penalty from the Gardai, for not displaying it on the 7th.

I realize the law is the a disc must be displayed, and not merely that the car must be taxed. I guess i'm wondering if it's a reasonable arguement that the disc was coming, and if anyone has experience of presenting that as a defence/excuse if it got to court.

MagicSean

Yes if you can show the car was taxed on the date and you hadnt received the disk you should get off. Either talk to the Garda who is named on the summons or argue it in the court. Any decent Garda should accept it and strike the case out.

mocny.t

I got a ticket for not displaying a tax disc. I got the tax disc on internet 2 days before i got the ticket. I s there any way i can avoid the fine?

keano007

Seanbeag1 wrote: »

Yes if you can show the car was taxed on the date and you hadnt received the disk you should get off. Either talk to the Garda who is named on the summons or argue it in the court. Any decent Garda should accept it and strike the case out.

No need to let it get to Court. If what you say is true and you haven't paid the fine yet write a letter explaining the situation (with copies of the documentation) to your local Superintendent. He has the authority to cancel a fixed charge notice.

Paulw

mocny.t wrote: »

I got a ticket for not displaying a tax disc. I got the tax disc on internet 2 days before i got the ticket. I s there any way i can avoid the fine?

There are two offences - non-display of your tax disc and then not having your car taxed.

So, since you didn't have your disc on display then you should just pay the fine.

I assume there was time between when your previous tax disc expired and you got the new one? It was during that time that your car was spotted without a valid tax disc.

mocny.t

Paulw wrote: »

I assume there was time between when your previous tax disc expired and you got the new one? It was during that time that your car was spotted without a valid tax disc.

no, when the car was spotted without the disc, i had the tax allready purchased on internet, 3 days before i got the ticket

Paulw

mocny.t wrote: »

no, when the car was spotted without the disc, i had the tax allready purchased on internet, 3 days before i got the ticket

Well, that's why you are being charged with non-display of the tax disc as opposed to not having tax.

The disc on show was out of date, that's all.

mocny.t

Paulw wrote: »

Well, that's why you are being charged with non-display of the tax disc as opposed to not having tax.

The disc on show was out of date, that's all.

I understand that, but it is strange for me that i have been stoped many times on check points without having a current tax disc and i never got charged for that.

Victor

mocny.t wrote: »

I understand that, but it is strange for me that i have been stoped many times on check points without having a current tax disc and i never got charged for that.

So you are a repeat offender?