DVLA Magistrates Court Unsorned Vehicle

bootedup

Hola,

I will try and keep this brief, I purchased two vehicles at the same time from the same garage (both unroadworthy) and then had one moved to a private parking space and the other to my mechanics garage to be repaired on the 5th/6th December last year.

Both vehicles were then removed by the DVLA on the 10th & 11th December due to them being unsorned and thus untaxed. I sent off a V62 (no V5 in hand from garage at that time) plus a V890 to SORN them the day they were delivered to me in the same envelope. I paid to release them from the pound as soon as I could afford it and then appealed the decision for the fine, which was rejected.

The only way I could SORN both unroadworthy vehicles was via post as I did not have the V5 documents (which subsequently the local garage sent on to me once located mid Month). which I did but obviously this would not have been quick enough for the DVLA.

Tomorrow morning is the court case and I am unsure on which way to plead. Any help would be grateful.

AdrianC

The seizure clearly relates to the previous keeper, and not to you. You inherit no liability for them from him.

Did you get a receipt from him for the purchase?

Your call - I'd plead not guilty, but you're going to need something to back it up. Presumably the V5Cs in your name have the change of keeper dated before the seizure?

One thing's for sure - it's an object lesson in making sure that you make sure the previous keeper's SORNed them BEFORE you purchase anything off the road.

One question, though - how did DVLA find them? Presumably both were parked visible from the road? Neither were actually _on_ the road, though? Seizure from land that isn't publicly accessible - and therefore subject to the Road Traffic Act (including private car parks) isn't lawful. But nor is keeping an untaxed (yes, including SORNed) and unroadworthy car anywhere RTA-covered, AIUI.

InsideInsurance

Did the DVLA ever receive the forms you posted?
Do you have a certificate of sending to show you sent them?
On what grounds did DVLA reject your appeal?

Rover_Driver

AdrianC wrote: »

One thing's for sure - it's an object lesson in making sure that you make sure the previous keeper's SORNed them BEFORE you purchase anything off the road.

Seizure from land that isn't publicly accessible - and therefore subject to the Road Traffic Act (including private car parks) isn't lawful. But nor is keeping an untaxed (yes, including SORNed) and unroadworthy car anywhere RTA-covered, AIUI.

A change of registered keeper will automatically cancel a SORN declaration, so the new registered keeper will have to make new declaration.


An unlicensed vehicle can be seized from any land except:
Any place which is within the curtilage of, or in the vicinity of, a dwelling-house, mobile home or houseboat and which is normally enjoyed with it, or any place which is within the curtilage of, or in the vicinity of, a building consisting entirely (apart from common parts) of two or more dwellings and which is normally enjoyed only by the occupiers of one or more of those dwellings.


A SORN declaration is valid in place of a vehicle licence, as long as the vehicle is not on a public road - a road repairable at public expense.

bootedup

@ Adrian C, I purchased said vehicles on the 4th December and I do have a receipt for that as do the DVLA. The notice of penalty is dated from the 10th December for one (6 days) and 11th December for the other (7 days).

The receipt was given to the DVLA compound when I retrieved the vehicles as proof of the actual sale of them and they agreed hence the length of the actual penalties imposed.

Both were visible in a private car park and the other outside of a garage awaiting repair. Both were seized from those locations. The mechanic had no idea that either could be taken (heresay of course).

@ Insideinsurance I have no idea if the DVLA ever received the forms as they have not informed me so and once I went to retrieve the vehicles, I filled out a new SORN form then in any case. Sadly no proof of sending, which is ironic as I am an online retailer and post out on a regular basis with proof of postings!

Not sure on what grounds they rejected the appeal as I don't have the letter to hand.

bootedup

@ Rover Driver How on earth are you supposed to SORN a vehicle when you don't have a V5 document quicker than by post, as that is the only option it seems and it even states that on the DVLA website.

I guess the vehicles should have been put away in a locked compound perhaps, but hardly feasible.

Rover_Driver

bootedup wrote: »

@ Rover Driver How on earth are you supposed to SORN a vehicle when you don't have a V5 document quicker than by post, as that is the only option it seems and it even states that on the DVLA website.

With form V890 and V5C or V62, and tick the relevant box.

Johno100

The OP seems to have been extremely unfortunate, buying two cars and within seven days DVLA seizing both of them from two different locations, neither of which are his home address.

bootedup

@ Johno100 I would agree, but according to the mechanic who owns the garage, they regularly try and peruse his spot between the 10th and 14th of the month for untaxed/sorned vehicles it seems and both vehicles were within 100 metres of each other (one in a private parking space and the other outside his garage). Just the luck of the draw I guess.

bootedup

@ Inside Insurance I have checked why the appeal was rejected and it just states that they find no reason to alter their original decision. Still no mention of having received the original documentation though!

forgotmyname

Would they come onto private property to take a vehicle? How did they know where to find the vehicles?

Is your parking spot in a public accessible area? There is a small block of flats down the road from me with marked bays. Didnt stop the police towing several untaxed/uninsured vehicles away.

Was in on the highway outside the garage?