[Dryerman]

I was recently stopped by the Police for having no road tax while on my way to an MOT.
It was my car, on a SORN, fully insured and the MOT was a recorded appointment. I had always understood this was legal.
The Policeman however thought different and ordered a tow truck which, on arrival, I had to pay £ 260.00 on the spot fixed penalty fee to the driver and then he went away, leaving me to continue my journey to the MOT garage (3 miles). The car passed with no faults.

I later presented a DVLA website document to the Police proving that you can indeed travel to and from a pre-booked MOT without tax, after all, you need an MOT to tax the car????

I have since had a very sincere apology from the Police for their error and my penalty will be refunded (in 3 weeks) no chance here of in instant refund, unlike paying them instantly!

No chance of compensation I am told, just sit back and take it.

So I'm not a very happy law abiding citizen. Any comments welcome.

[smudger]

Welcome to the site Dryerman, at least you are getting your money, even though they are making you wait for it??

The plod that booked should have known the law, and I hope he gets a rollecking from his superiors!

Another thing, why cant you claim compo for this, I've read about folk getting thousands for lesser things?:(

[Loony]

I am lost for words.
How on earth did the police officer make such a mess of this.
I have no idea why he would call a tow truck and then leave the scene or the truck be allowed to just drive off.A lot of this story makes no sense if its true.

[smudger]

Aye! I was wondering that as well, it didn't seem to make any sense to me either:confused:

[MrDanno]

It wouldn't surprise me if they were anything like the Plod I've had dealings with at the side of the road.

Why don't they make sure they know the laws before they go out causing folk problems for no reason?

[Dryerman]

Originally Posted by Loony

I am lost for words.
How on earth did the police officer make such a mess of this.
I have no idea why he would call a tow truck and then leave the scene or the truck be allowed to just drive off.A lot of this story makes no sense if its true.

Just add a bit of clarity for you.
I waited with the Copper at the roadside for the tow truck to arrive, it has to turn out as the penalty is collected by the tow truck company on behalf of the DVLA. I was 'held' under caution for a total of 2 hrs, from being stopped, waiting for the tow truck to arrive to being 'released' after paying the tow truck company.
I was stopped originally because the car was smoking, I had just done a cyl head gasket and turbo job on it so I think oil had built up in the manifold, the smoke soon cleared up.
I have spoken to a specialist motoring law firm who advised me that because the Police did not act maliciously a case for compo' would not succeed. They were just incompetent. The whole incident just seemed surreal and unjust.

[Loony]

Originally Posted by Dryerman

Just add a bit of clarity for you.
I waited with the Copper at the roadside for the tow truck to arrive, it has to turn out as the penalty is collected by the tow truck company on behalf of the DVLA.

See again im confused,sorry.

There are two ofences to not having road tax.

1)offence of not displaying......a police matter.
2)offence of not having........a dvla matter.

The police would let the dvla know and they would take up the case.
The police may fine you for failing to display and you would pay them not the tow company.
I still fail to understand where or why the tow firm fit into this.The tow firm would charge you a recovery fee if the vehicle was impounded.
Sorry but i am really confused now.

[iRever]

Originally Posted by Dryerman

I was 'held' under caution for a total of 2 hours.

For a summary offence??

[Snowball]

When the DVLA send out a vehicle tax renewal notice, with it comes a leaflet containing all the relevant laws concerning SORN, MoT, road tax, and allowed movement on a public road without tax and/or MoT. It is a good idea to keep this leaflet in the car; then it can be shown to any uninformed plod who happened to stop you.;)

[Loony]

Originally Posted by iRever

For a summary offence??

Yes this is something else that does not make sense.
Sorry op but the story just does not add up.

[iRever]

Sounds like the PC completely lost the plot, rest assured if the police have made a full and sincere apology for their errors, the officer concerned will have had a proper grilling from someone higher up.

[michael dagger]

Originally Posted by Dryerman

I was recently stopped by the Police for having no road tax while on my way to an MOT.
It was my car, on a SORN, fully insured and the MOT was a recorded appointment. I had always understood this was legal.
The Policeman however thought different and ordered a tow truck which, on arrival, I had to pay £ 260.00 on the spot fixed penalty fee to the driver and then he went away, leaving me to continue my journey to the MOT garage (3 miles). The car passed with no faults.

I later presented a DVLA website document to the Police proving that you can indeed travel to and from a pre-booked MOT without tax, after all, you need an MOT to tax the car????

I have since had a very sincere apology from the Police for their error and my penalty will be refunded (in 3 weeks) no chance here of in instant refund, unlike paying them instantly!

No chance of compensation I am told, just sit back and take it.

So I'm not a very happy law abiding citizen. Any comments welcome.

If you inform your local police station before you take your car for m.o.t you can get permission
but you have to ask first.

[smudger]

I have always thought that if you had proof of making an appointment to have your car MOTd you could drive to it legally?:confused:

Even if it was just the phone number of the place you were heading for, so that plod could check for themselves.

[Hometune]

Originally Posted by michael dagger

If you inform your local police station before you take your car for m.o.t you can get permission
but you have to ask first.

Sorry, but this is completely untrue. You only need to book the car in with the MoT garage and they will make a note of the registration number, make and model and time of the test. You only need insurance in place for the journey. Note, that the journey should be by the most direct route and if you live in London, don't try booking one in Aberdeen.

[Rolebama]

Some years ago I was prosecuted, in my view maliciously, for an offence I did not commit. Five Court appearances, with the Prosecution making all kinds of excuses as to why they could not proceed, and me being over £2000 out of pocket, the trial finally started. After two days I proved my innocence and asked for a recovery of expenses award. I was told that I could not claim any out-of-pocket expenses, and that my proof of innocence was my just reward. It was deemed that I had no case for expenses or compensation, despite being down £2000 and having lost my job on the 'no smoke without fire' basis.

[Snowball]

Originally Posted by Rolebama

Some years ago I was prosecuted, in my view maliciously, for an offence I did not commit. Five Court appearances, with the Prosecution making all kinds of excuses as to why they could not proceed, and me being over £2000 out of pocket, the trial finally started. After two days I proved my innocence and asked for a recovery of expenses award. I was told that I could not claim any out-of-pocket expenses, and that my proof of innocence was my just reward. It was deemed that I had no case for expenses or compensation, despite being down £2000 and having lost my job on the 'no smoke without fire' basis.

Applicable only to ordinary Joe Public, of course; not the landed gentry section of society!!!:rolleyes: