SORN And on Private Unadopted road - DVLA Court Summons

privateunadopted

PDC wrote: »

A few years ago I know a friend received a fine for having a car untaxed on an unadopted road. Tried to appeal and failed.

The odds are always against us... but I don't understand how that works? You're adhering to the legislation but oh well, pay up because we want you to, is that how it works?

Marktheshark

You need a legal dictionary to read any legalisation, it is written in Legalese, words have different meanings and interpretation and what looks like it says can actually reveal some loopholes when you work out what it really means.

Write out the legalisation, translate it with the legal thesaurus / dictionary and then read it again.
Then see if you broke it when you know what it says in plain English.

That is how a defence is prepared, you stay on track, ignore other acts and legislation they have not charged you with breaking and concentrate on the wording of the one they say you have.

privateunadopted

Marktheshark wrote: »

You need a legal dictionary to read any legalisation, it is written in Legalese, words have different meanings and interpretation and what looks like it says can actually reveal some loopholes when you work out what it really means.

Write out the legalisation, translate it with the legal thesaurus / dictionary and then read it again.
Then see if you broke it when you know what it says in plain English.

That is how a defence is prepared, you stay on track, ignore other acts and legislation they have not charged you with breaking and concentrate on the wording of the one they say you have.

Okay thanks for that, hopefully won't need to go that far...

The council has once again (just now) confirmed that the road is unadopted, and is sending a map of the area highlighting which areas are, and which aren't. Fingers crossed.

Car_54

privateunadopted wrote: »

Thanks for the advice, I will be doing some research into the exact legislation. Unfortunately left the paperwork at home today.

You need the Vehicle Excise and Registration Act 1994.

Section 29(1) makes it an offence to use or keep an unlicensed vehicle on a public road, and section 62(1) says:

“public road" in England and Wales and Northern Ireland, means a road which is repairable at the public expense.

BeenThroughItAll

Marktheshark wrote: »

You need a legal dictionary to read any legalisation, it is written in Legalese, words have different meanings and interpretation and what looks like it says can actually reveal some loopholes when you work out what it really means.

Write out the legalisation, translate it with the legal thesaurus / dictionary and then read it again.
Then see if you broke it when you know what it says in plain English.

That is how a defence is prepared, you stay on track, ignore other acts and legislation they have not charged you with breaking and concentrate on the wording of the one they say you have.

Please, please. Just before you type it one more time, it's LEGISLATION. You got it right in the third paragraph. Legalisation is a completely different thing.

Aretnap

I would presume that ultimately it's the prosecution who are required to prove that the road is repairable at public expense, rather than the OP who is required to prove that it's not.

privateunadopted

So I've just called the DVLA and they told me that since a court summons has been issued it's out of their hands now and must be taken up with the court. Is this absolutely correct, with no chance for me to at least let these mistake-makers know that they are taking me to court for the wrong reason?

picapicacasa

If you simply telephoned you probably got someone with low or no qualification.

DVLA does have a complaints procedure so it might be worth trying that - ultimately if you exhaust it you can ask your MP to make a referral to the Parliamentary Ombudsman over it.

Spicy_McHaggis

privateunadopted wrote: »

So I've just called the DVLA and they told me that since a court summons has been issued it's out of their hands now and must be taken up with the court. Is this absolutely correct, with no chance for me to at least let these mistake-makers know that they are taking me to court for the wrong reason?

Just got to court with your evidence that's it's not a public road and be sure to claim all your costs when you win.

privateunadopted

Hi guys, update:

I spoke to the prosecutor (correct term?) from the DVLA on the phone and was assured that he would drop the case. He did however say that he wouldn't be able to confirm this in writing.

I'm yet to receive any formal notification that I am no longer required to attend court so I'm wondering, do I go or do I not? Also, out of interest do you get penalized for not attending if you are required to do so?

Court date's pretty soon...