Problems with DVLA

Wig

spiro wrote: »

When a car is on SORN it can not be on public land. Also to move it to your friends you would need to move it on a trailer. By parking it on public land it should have had a valid tax disc displayed.

No, you would need Insurance and MOT but that is none of the DVLAs business whether he did have those or not.

The DVLA can only grumble / issue penalties & fines if the car was on "A road, repaired at public expense" As it was in a car park the DVLA cannot do anything about it. If it was trailered to the car park that's all that matters and the DVLA cannot do anything about it.

I would ask the DVLA for the chapter and verse (law reference) on what law they refer to when they say a SORN vehicle cannot be trailer transported from one off road location to another.

Wig

maninthestreet wrote: »

...even if it's only parked on public land, a road fund licence (i.e tax disc) is required.

Nope. Only if it is on "a Road"
Definition of "a road" is a road repaired at public expense.

There's already been a supreme court (or Lords) which has ruled that a car park is not a road.

Wig

OP, I think you have every chance of a success in this one. Did they admit the location to you in the letter? How did they describe the location? "Car park" etc ?

It does not matter if the car park is public or private, tax discs (excise licence LOL nice one only_mee I didn't realise that was what they meant either) are only required if the vehicle is on the road.

Sure your friend did not park on the road outside his house?

Cyril

No definitely not outside his house, there is no parking as you are directly on the road. The car was trailered to the car park and apparently didn't come off the trailer so it didn't touch the ground even, also the jeep pulling the trailer was taxed so it seems very unfair IMO.

Actually the initial letter says a road name but it was never on a road, the car park is for the beach.

The car did have a current MOT and insurance which can be check if need be.
Are you able to refer me to any judgements / cases that i could quote in my letter or where it confirms a car park is not a road.

victor2

Cyril wrote: »

No definitely not outside his house, there is no parking as you are directly on the road. The car was trailered to the car park and apparently didn't come off the trailer so it didn't touch the ground even, also the jeep pulling the trailer was taxed so it seems very unfair IMO.

Actually the initial letter says a road name but it was never on a road, the car park is for the beach.

The car did have a current MOT and insurance which can be check if need be.
Are you able to refer me to any judgements / cases that i could quote in my letter or where it confirms a car park is not a road.

Going on what you've just said then, I apologise and take back what I previously said.
It does seem totally unreasonable and I hope you win your case. It would appear to come down to what the car park is classified as.
Good luck!

Print_Screen

Just wanted to say good luck with this.
I have had dealings with the DVLA when they claimed my car was not SORN when it was and ended up paying.
From then on always kept copies of my dealings with them.

Cyril

Just to let you know Print Screen there is a case of DVLA V James Cousins in the Clerkenwell court where the Judge agreed that JC only had to send his documents to the DVLA and not by recorded delivery or even get proof of posting.

He was arguing a case where the DVLA had accused him of not advising them the car was off SORN.

I think we all think it advisable to keep copies of everything to save the DVLA from themselves and to save it getting to court but
it doesn't seem a legal requirement.

peter_the_piper

Problem is if the private land eg pub car park, is accessible to the public then they have got the right to do you. Only if the private land is gated etc and not accessible to the public are they stumped.

Strider590

Print_Screen wrote: »

Just wanted to say good luck with this.
I have had dealings with the DVLA when they claimed my car was not SORN when it was and ended up paying.
From then on always kept copies of my dealings with them.

Similar experience....

Once they issue a fine it seems they can make up any number of reasons to fine you, EVEN if you have a valid reason or explanation.

They just don't let go until you pay them or take it to court!

hartcjhart

If as you say they now accept that the car was sorn'd,then write to them providing proof that the car was at no time on a 'public highway' so therefore no offence has been commited.
you will need a letter from your mechanic to back you up.

if they still try to insist you pay then let them take you to court,BUT only as long as your mechanic will back you up,

A few years back the customs&excise peeps sent me a fine for keeping an 'unlicensed'motor vehicle on a public highway,I declined the offer to pay and told them to take me to court which the duly did,
just before the hearing I offered their solicitor the chance to stop proceedings,but no,they were hell bent on continuing.

went into court they said their bit and I gave the 'bench' a letter from my mechanic stating that there was no engine in the car so in law was not a motor propelled vehicle, case dropped and costs awarded to me.:T:T:T

so they can be beaten