DVLA, SORN and Court

Rover_Driver

The wording of the legislation is 'neither used nor kept kept on a public road'

s.29,2B,(1) & (2), Vehicles Excise & Registration Act 1994, as amended by sch.45, Finance Act 2008.

So by keeping an unlicensed vehicle on a public road while SORN, the offence is complete.

EssexExile

CadmannUK wrote: »

Also why is the court so far away from where I live?

Not knowing where you live, where the court is or whether the authorities have your correct address the only answer is because they keep closing courts to save money.

Edit, The court is usually convenient for the party that is transgressed against rather than the transgressor.

facade

Rover_Driver wrote: »

The wording of the legislation is 'neither used nor kept kept on a public road'

Thought it might be

The DVLA, like gov.org, tend to re-write when they make statute "clearer", it is best to go to the original.

agrinnall

facade wrote: »

Thought it might be

The DVLA, like gov.org, tend to re-write when they make statute "clearer", it is best to go to the original.

The thing is, the DVLA version is clear unless you are trying use it to wriggle out of a charge. It's plain English, and while the use of nor as in the legislation is precise it's not a word that could really be regarded as commonly used. And the Boolean logic arguments are even less plain.

stephenoldham

CadmannUK wrote: »

Hi,

They DVLA want another £403.34 to cover the unpaid tax and minimum contribution of £90 towards the court cost, let alone the fine. What will this realistically end up costing me?

What are my options please?

Unfortunately if the parking bay was on the road DVLA are right. You can't declare SORN if the vehicle is on a public road.

It might be worth contacting DVLA and asking if you can pay the outstanding tax. They might let you pay then drop the charges at court. It would save you costs and a fine. See if there is a phone number on the postal requisition/summons paperwork.

If they don't drop it you don't necessarily have to travel the 150 miles to court. You can send in a letter of mitigation.

ChumLee

stephenoldham wrote: »

Unfortunately if the parking bay was on the road DVLA are right. You can't declare SORN if the vehicle is on a public road.

It might be worth contacting DVLA and asking if you can pay the outstanding tax. They might let you pay then drop the charges at court. It would save you costs and a fine. See if there is a phone number on the postal requisition/summons paperwork.

If they don't drop it you don't necessarily have to travel the 150 miles to court. You can send in a letter of mitigation.

You also need to plead guilty by post.

Magnuscarter

Hi sorry to see you are having issues with the DVLA. Because you filled in and signed one of their forms you sadly have 'contracted' with them, thats how they are able to get people into court and levy these ridiculous charges against motorists. In future NEVER fill in any documents from them. Simply write on a separate piece of paper 'NO CONTRACT' , staple this to the correspondence and send it back to them. The DVLA are committing fraud with these penalties. Without contractual joinder they cannot instigate legal proceedings against anyone, though that wont stop them threatening you with debt collectors etc. If they ever do manage to get you in court refuse to stand when magistrates enter the court, this stops them gaining authority over you. They will threaten contempt, arrest etc but sit firm, only move when the case has been thrown out of court. Wait until the magistrates have left the court before you stand and leave.

Nodding_Donkey

That reads like something from a FOTL website.

Bunch of nutters

Johno100

Nodding_Donkey wrote: »

That reads like something from a FOTL website.

Bunch of nutters

Yes, I think their user name is a bit of a giveaway.

AdrianC

Magnuscarter wrote: »

Hi sorry to see you are having issues with the DVLA. Because you filled in and signed one of their forms you sadly have 'contracted' with them, thats how they are able to get people into court and levy these ridiculous charges against motorists. In future NEVER fill in any documents from them. Simply write on a separate piece of paper 'NO CONTRACT' , staple this to the correspondence and send it back to them. The DVLA are committing fraud with these penalties. Without contractual joinder they cannot instigate legal proceedings against anyone, though that wont stop them threatening you with debt collectors etc. If they ever do manage to get you in court refuse to stand when magistrates enter the court, this stops them gaining authority over you. They will threaten contempt, arrest etc but sit firm, only move when the case has been thrown out of court. Wait until the magistrates have left the court before you stand and leave.

OP, if you do take this advice, can you do us all a favour, and take another page from the Freewibbler on the wibble playbook? They do have a habit of sneaking video recordings of court proceedings onto t'internet. I need a good laugh.