Unlicensed vehicle - DVLA fine

nsdap

My car has been at the local mechanic's garage for the past 4 months (long story) and during that time it's tax ran out, so I made a SORN declaration. Some weeks, or months later I received a letter from the DVLA telling me they had photographic evidence of my car being parked on a public road (parked by the mechanic outside the his garage as he had no room within his lot) while the SORN was in force. The letter however was not clear about what was going to happen, so I phoned the DVLA who assured me it was just a warning and that I would not be fined. A couple of weeks later, I received a second letter, which was a fine from the DVLA for £104 for the same original incident that I was told I would not be fined for.

So, who is liable for this? Is the mechanic obligated to keep the car on his property while it is in his care? Why am I even being fined when the DVLA assured me I would not be? The £104 may not seem like a lot but it is the straw that will break my back if I have to pay it. I have literally nothing and this will push me over the edge. Any and all advice is appreciated and welcomed. Thank you.

cajef

Did you tell the garage that the vehicle was SORN'd and it must not be on a public road?

nsdap

No I didn't as I thought it would be kept in his lot

cajef

So you can hardly blame the mechanic, nowadays since the disc on the windscreen was abolished how was the garage or mechanic to know it was SORN'd unless you told them, looks like you may have to take the hit.

csgohan4

Pay the fine and take it as a lesson. Better tell the mechanic too.

Le_Kirk

There was a very similar thread on here a couple of weeks back, see if you find it by searching. There might be some useful tips in it and an outcome.

dannyrst

Agree.

Garages often move cars onto the road because if they aren't working on your car at that moment in time, it isn't always beneficial for them to keep it on their land.

It is your responsibility as the registered keeper to ensure the car isn't on the road whilst declared SORN.

If you can't pay the fine, you may have to sell the car.

agrinnall

What did the DVLA say when you rang them after receiving the fine to complain that they had told you there would be no fine?

nsdap

They told me that they dont send out any kind of letter regarding unlicensed vehicles except fine letters. Unfortunately I don't have the previous letter to hand, but I can assure it was not a fine, and when I quoted the letter to the DVLA they assured me there would be no fine. Now a few weeks later, I have a fine letter.

rich13348

Unfortunately you SORNd your vehicle but did not inform the garage who held it.

Had you informed him they could have made a point of keeping it off public property or used their trade plates. The [STRIKE]law[/STRIKE] dvla rules have been broken.

If you are short of money, first of all rectify the issue which means tax it or tell the mechanic that it is SORNd and to keep it off the public road, then contact the dvla and explain your money issues and that you cannot pay it in full and plead poverty.
They may take pity and cancel the fine (unlikely) or allow you to pay in installments.

The worst thing you can do is ignore a debt it will not go away and it will only get worse.

arcon5

If the garage has had it for such a long period of time then they should have at least made their own enquiries with you. I'd be looking for the garage to pay the fine but settle at half.
Might have been different if they'd had it a week, but not a third of a year!