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SORN - Need Advice!

A family member's car that was declared as SORN 3 months ago has just been caught out on the road by VOSA / DVLA. The person had used the vehicle with the intention of taking it to the local srcappy that day.

VOSA have since clamp the car and now taken it away as there was no MOT and TAX (too much work needed to get it through MOT).

Very stupid mistake my family member has made, but now I'm worried they might be taken to court and put in prison as the car had been registered as SORN but caught on the road.

VOSA claimed it was not taxed or registered as SORN.

Currently waiting on DVLA letter. What is the likely outcome? Have read on the forums that DVLA don't send out the fines but another firm does?!

Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    VOSA have nothing to do with it. It is purely a DVLA matter. The car can only be driven without tax/MOT (but MUST have insurance) to a pre-arranged MOT. There are no other exemptions. If it is being scrapped, it should be put on a recovery truck.

    Likely outcome is that (if DVLA have evidence) the car has been driven while SORNd or without tax, the family member will be issued with an £80 penalty plus any tax due from the date the previous tax disc expired to get the car released. Otherwise the car will be impounded. if the family member was going to scrap it, they may as well sign it over to the DVLA who will crush it.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • cmunro
    cmunro Posts: 15 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Sorry I think I meant VEAS not VOSA that clamped the vehicle and they have already removed it. Family member has been sent a letter from VEAS to disclaim the vehicle so it can be crushed but DVLA will also contact family member. The suggestion is from DVLA they can fine up to £5000 and prison...would this be likely or just the £80 fine and tax due??

    The car was on a public road away from the registered keepers home.
  • cmunro
    cmunro Posts: 15 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Oh & Car was insured just no MOT or Tax (it had been declared as SORN).
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    cmunro wrote: »
    The suggestion is from DVLA they can fine up to £5000 and prison...

    I think this is technically true, however:
    would this be likely or just the £80 fine and tax due??

    This is more likely I think.
    The car was on a public road away from the registered keepers home.

    The only thing I wasn't sure about from the first post with all the talk of taking it to the scrappers was whether the car was being driven.

    If it was in use they might be a bit stronger but if it has been sat on the road and not turned a wheel for a while perhaps not. It'll come down to the view they take on it. I think the scrapper chat is a bit of a red herring here.
    What if there was no such thing as a rhetorical question?
  • cmunro
    cmunro Posts: 15 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Family member had every intention of taking it to the scrap. Car had been driven from registered keepers home to outside another family members home due to visiting a family member for a few hours to offer some assistance to them. Car was meant to have been put on driveway but they forgot to move it as there wasn't a space free when they pulled up. We believe a local neighbour had reported the car, and by the time the family member remembered about the car it had been wheel clamped.
  • I have every intention of taking my car to a scrapyard ... in about 20 years. I just need to get to & from work a few times and do a little shopping first :P
  • Tilt
    Tilt Posts: 3,599 Forumite
    cmunro wrote: »
    Family member had every intention of taking it to the scrap. Car had been driven from registered keepers home to outside another family members home due to visiting a family member for a few hours to offer some assistance to them. Car was meant to have been put on driveway but they forgot to move it as there wasn't a space free when they pulled up. We believe a local neighbour had reported the car, and by the time the family member remembered about the car it had been wheel clamped.

    Your family member must of been extremely unlucky then. There was a car parked outside my house for over 2 months with expired tax disc which was attracting about 2 PCNs every day. I ran a check via the DVLA website to discover it was SORNd. As i couldn't find out who it belonged to, I reported it the the DVLA but nothing happened for almost 3 months when one day it just dissapeared.

    But unfortunately in your family member's case, from what you described it's game, set and match i'm afraid. As I said previously, if the car is on the public road, it must be taxed unless it is being taken straight to a pre-arranged MOT.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • fivetide
    fivetide Posts: 3,811 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    cmunro wrote: »
    Family member had every intention of taking it to the scrap. Car had been driven from registered keepers home to outside another family members home due to visiting a family member for a few hours to offer some assistance to them. Car was meant to have been put on driveway but they forgot to move it as there wasn't a space free when they pulled up. We believe a local neighbour had reported the car, and by the time the family member remembered about the car it had been wheel clamped.

    Well couple of things about that - they were using the car illegally, whatever their motives, they accept that.

    The neighbours were very swift off the mark if that is the case. Likewise the people who lifted it. I reported an untaxed car outside our house and it took months for the DVLA to do anything about it. Perhaps the car was just in an area that is regularly patrolled?

    Again, the scrapping is a red herring. It matters not to the DVLA if you claim it was going to a scrap yard. I suspect they hear that a lot. If it was going to be scrapped it would have been will be their view and as already admited, even for good reasons, the car was being used as a runabout so don't expect claiming the car was going to be scrapped to help at all.

    Fingers crossed it is just the £80 and back tax you'll need to cover.

    EDIT: Tilt's experience seems very similar to my own. Posted at the same time.
    What if there was no such thing as a rhetorical question?
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