Park car in drive with no insurance?

TrickyWicky

vax2002 wrote: »

A complete !!! of a law that will only inconvenience the law abiding, but thats where its aimed, screwing more of your wages out of your pockets and back to them

Indeed.

Someone should start a epetition to scrap this awful new rule.

Road_Hog

Rover_Driver wrote: »

The fact that DVLA may not take further action in some cases does not make it a grey area, the legislation is quite clear.

Yes it does. The fact that the DVLA will not attempt to prosecute you themselves or hand it over to the police, sends a very clear message about the rather shaky legal platform that they stand on.

The fact that they hand it out to a third party, a limited company, sends a very clear message about how solid their legal position is.

The difference between your opinion and my opinion, is that I understand the law, I have experience of challenging it and you have neither. When you have fought institutions like the DVLA or the TV licensing authority (like I have) then please do come back and challenge me. Until then, stop giving opinions about things that you have no real knowledge about.

pitkin2020

I agree the new rules are ridiculous and won't stop uninsured drivers it just means they will SORN it now instead.

As for the original question it is not a grey area as road hog would like you to think and even gave an example not relevant to the original question. Continuous notification of SORN is different to having no insurance. Your car must be taxed and insured to be on a public highway, if its not taxed or insured it has to be SORN. There is nothing grey about it and it couldn't be clearer.

pitkin2020

Road_Hog wrote: »

Yes it does. The fact that the DVLA will not attempt to prosecute you themselves or hand it over to the police, sends a very clear message about the rather shaky legal platform that they stand on.

The fact that they hand it out to a third party, a limited company, sends a very clear message about how solid their legal position is.

The difference between your opinion and my opinion, is that I understand the law, I have experience of challenging it and you have neither. When you have fought institutions like the DVLA or the TV licensing authority (like I have) then please do come back and challenge me. Until then, stop giving opinions about things that you have no real knowledge about.

Just because you have fought something and won it doesn't make you qualified to give legal advice. many people manage to get off speeding prosecutions but would you advise people to speed.

The area for uninsured vehicles which is what this thread was asking isn't a grey area. Renewing your SORN is totally irrelevant to what the OP was asking.

atrixblue.-MFR-.

Road_Hog wrote: »

Yes it does. The fact that the DVLA will not attempt to prosecute you themselves or hand it over to the police, sends a very clear message about the rather shaky legal platform that they stand on.

The fact that they hand it out to a third party, a limited company, sends a very clear message about how solid their legal position is.

The difference between your opinion and my opinion, is that I understand the law, I have experience of challenging it and you have neither. When you have fought institutions like the DVLA or the TV licensing authority (like I have) then please do come back and challenge me. Until then, stop giving opinions about things that you have no real knowledge about.

what are you going on about.

DVLA has every backing from the goverment to prosecute and enforce regualtions and legislation.

Tv dudes are nothing other than whitnesses to call to the house to whitness you watching LIVE! tv to enforce the licence rules. dont let them in = no whitness to watching tv as they have no legal authority to come into the home. infact if you instruct them to leave and not to return and anyone reprasenting them turn up again youll call the police and have them arrested for tresspass.

you cannot compare those as their two different entities.

jeeze watching someposts on here is like watching stuff on tv utter rubbish

dvla on the other hand can clamp, and remove and fine you through the post.

Rover_Driver

Road_Hog wrote: »

The fact that they hand it out to a third party, a limited company, sends a very clear message about how solid their legal position is.

DVLA employ third party debt collectors to try to collect an out of court settlement offer for the criminal matters or the penalty fee for the civil matter, prior to court action. If it is not paid then they will consider court action, whether they take action - and there are internet posts where they have - or not, would depend on the circumstances at the time.

Just because they have not taken any action against you doesn't mean they won't take action against someone else.

Road_Hog

pitkin2020 wrote: »

Just because you have fought something and won it doesn't make you qualified to give legal advice. many people manage to get off speeding prosecutions but would you advise people to speed.

I'm not offering or have not offered legal advice, I am not a lawyer and have not claimed to be one.

I didn't get 'off' a speeding fine, I have said it is a grey area and that the DVLA are not in a confident legal position to 'fine' people, which is why they don't do it, but pass it on to a third party limited company.

The DVLA could say, from Monday that treading on cracks in the pavement is punishable by a fixed penalty notice and start issuing these to people. The fact that the letter would arrive on official looking headed note paper and that many people would automatically send a cheque off, does not make it legal. Especially if they farm it out to a third party to collect the money.

Believe me, if the DVLA thought it could enforce the 'debt' collection, then they would. Try not paying your council tax and see what happens, the bailiffs will be knocking on the door quite soon. If you don't pay your council tax, then the law is on the side of the council, the bailiffs will be sent in and can force entry to your property.

The DVLA will not pursue these so called 'fines' because they are unenforceable, just like the TV licensing authority won't pursue anybody that doesn't sign the 'guilty' form, because they have broken the Royal Charter and don't have a leg to stand on.

So, like I said, it is a grey area. If you are gullible enough to pay the 'fine' then sure, you will be done, but if you know your rights and say p1ss off, then they will not come after you.

If people are going to comment on this, it would be nice if they were talking from experience like I am (having told the DVLA to p1ss off), not, well this is my opinion but I have no real experience of the situation.

Road_Hog

Rover_Driver wrote: »

DVLA employ third party debt collectors to try to collect an out of court settlement offer

No they don't. They do not have a legal leg to stand on. Which is why they farm it out to a limited company. They don't go for court action full stop. If you want to see what happens when a government agency knows it can win in court, then stop paying your council tax and see how quickly the bailiffs come around.

Rover_Driver

https://forums.moneysavingexpert.com/discussion/3678913

County Court summons issued for the Late Licensing Penalty.


https://forums.moneysavingexpert.com/discussion/3526793

Magistrates Court summons for no licence.



I can find more on other forums if you want..............

atrixblue.-MFR-.

Road_Hog wrote: »

I'm not offering or have not offered legal advice, I am not a lawyer and have not claimed to be one.

I didn't get 'off' a speeding fine, I have said it is a grey area and that the DVLA are not in a confident legal position to 'fine' people, which is why they don't do it, but pass it on to a third party limited company.

The DVLA could say, from Monday that treading on cracks in the pavement is punishable by a fixed penalty notice and start issuing these to people. The fact that the letter would arrive on official looking headed note paper and that many people would automatically send a cheque off, does not make it legal. Especially if they farm it out to a third party to collect the money.

Believe me, if the DVLA thought it could enforce the 'debt' collection, then they would. Try not paying your council tax and see what happens, the bailiffs will be knocking on the door quite soon. If you don't pay your council tax, then the law is on the side of the council, the bailiffs will be sent in and can force entry to your property.

The DVLA will not pursue these so called 'fines' because they are unenforceable, just like the TV licensing authority won't pursue anybody that doesn't sign the 'guilty' form, because they have broken the Royal Charter and don't have a leg to stand on.

So, like I said, it is a grey area. If you are gullible enough to pay the 'fine' then sure, you will be done, but if you know your rights and say p1ss off, then they will not come after you.

If people are going to comment on this, it would be nice if they were talking from experience like I am (having told the DVLA to p1ss off), not, well this is my opinion but I have no real experience of the situation.

they could but the coucil would jump on that idea because they belong to them!

as for dvla not taking anyone to court Bolockz they have taken plenty, may have lost some and won some but all the same, utter tosh on your part for thinking their unenforcable fines, fine backed by government or introduced by government are always upheld and court action proceeded against the offender.

theres plenty of people who been to court for failure to notify change of keeper especially when they have changed addresses in the mean time of sending it off. only time they know they have been to court is when balifs send a letter to their current address the you go through hell to get back into court and explaine have the fine waived and change of address notified then the DVLA will still persue you at your current address.

sometimes i wounder what planet people sit on looking down at earth and think to themselfs.

just because you told them go away and they may have dont mean that they arent going to enforce it on someone else. dont forget they have 6 years in wich to chase you to court.