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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70404
Experience:  Over 5 years in practice
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I have just been issued with a fixed penalty notice for not

Customer Question

I have just been issued with a fixed penalty notice for not displaying a tax disc

i paid for the tax disc online but it has never arrived. I was awaiting one day more before doing something about it.

the police have also put the wrong address at which the car was parked- its out by two streets.

are there grounds for contesting the penalty

The incident occurred in Scotland
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

When did you purchase the tax disc please?
Customer: replied 3 years ago.

On 1 April

Expert:  Jo C. replied 3 years ago.
Thanks.

When was it due please?
Customer: replied 3 years ago.

March


 


it had been off road due to the failure of the insurer to provide me with a cover note. The cover note was acquired the tax bought and I began the wait for its appearance. It never came. I run a business where use of the car is essential so I used it on the day it was ticketed.

Expert:  Jo C. replied 3 years ago.
Thank you.

Obviously this should have been displayed. That is the starting point and you cannot hide from it.

Usually you are given a two-week period of grace between the date that renewal is due and the date of display and sadly you are way outside it.

What you could do though is ask the prosecutor fiscal to review this prosecution for public interest because you had paid and it was just that you were not displaying the disc. Sometimes that is effective although you cannot rely on it.

On your specific point though, you do not have a positive defence I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo