DVLA taking me to court

sila

Hi can anyone help please !!!!
I put my car on SORN for over 6 month .as a new driver did understand that leaving get the car outside my house was consider as using the car on the pupils road !!!!!:mad::mad::mad: yes it stupid but it true .
When they clamp the car and issue me with a fine I paid the fine immediately and bought a road tax immediately too on the 08/09/15 .
Then after 5 month DVLA send me a letter and taking me to couthe for a full hearing :mad::mad:.
Really don't know what to do very stressed about the situation and don't know what to do .
I can even afford any legal advise .

Silver-Surfer_2

sila wrote: »

Hi can anyone help please !!!!
I put my car on SORN for over 6 month .as a new driver did understand that leaving get the car outside my house was consider as using the car on the pupils road !!!!!:mad::mad::mad: yes it stupid but it true .
When they clamp the car and issue me with a fine I paid the fine immediately and bought a road tax immediately too on the 08/09/15 .
Then after 5 month DVLA send me a letter and taking me to couthe for a full hearing :mad::mad:.
Really don't know what to do very stressed about the situation and don't know what to do .
I can even afford any legal advise .

Plead guilty because you are and ignorance is no defence. Do so at the earliest opportunity and get a third off your fine.

AdrianC

When they clamped the car, you paid the release fee and paid for tax - presumably, just for that date forwards.

What DVLA are now doing is taking you to court over the period your SORNed car was on the road.

wiltsguy_2

another road tax dodger gets caught-GOOD:beer:

Im glad the system is working and hope you get a hefty fine

iolanthe07

wiltsguy wrote: »

another road tax dodger gets caught-GOOD:beer:

Im glad the system is working and hope you get a hefty fine

That's a bit harsh. Although the OP's post is difficult to read and understand, it does seem as if it was a genuine mistake.

agrinnall

iolanthe07 wrote: »

That's a bit harsh. Although the OP's post is difficult to read and understand, it does seem as if it was a genuine mistake.

I'd agree it's a bit harsh, but I wouldn't characterise what has happened as a mistake, rather as a failure to ensure that the rules are known, understood and followed. As silver-surfer says, ignorance of the law is no excuse.

Bigphil1474

To be fair, from the DVLA's point of view, they'd not know whether you were using the car or not. If it was off the road in the long grass, you'd have no issue. Parking it on the road, far as they are concerned you could have been driving it every day. I think the clue is in the declaration - SORN - where the O and R stand for 'off road'. As silver surfer says, you are guilty, so plead guilty. You could try and argue that English isn't your first language (just an assumption based on your post - no offense intended) and hope they are lenient.

McKneff

Have I missed something here, the OP said he paid the fine and also bought road tax immmediatley so what is he being taken to court for ????

AdrianC

McKneff wrote: »

Have I missed something here, the OP said he paid the fine and also bought road tax immmediatley so what is he being taken to court for ????

He would have paid the de-clamping fee to release the car, and bought tax from that point forwards.

He is now being prosecuted for the actual offence, and for any back tax.

Bigphil1474

Sounds like he's being done for having an untaxed car on the road for 6 months. The post isn't clear, but if he'd paid a fine for the 6 months it was untaxed, they shouldn't be taking him to court. More likely, as AdrianC says, the 'fine' was the cost for the clamp.
He didn't mention insurance, so maybe they are doing him for that - far as I know, the plod do you for driving without insurance - not sure who does you for having an uninsured vehicle that should be insured when you aren't driving it, presumably administered by DVLA? If they've taken it that his SORN wasn't valid, then he would have needed insurance for the time it was sorn'd and he probably wouldn't have had (if he was sorning it so it didn't need insuring).

AdrianC

Bigphil1474 wrote: »

He didn't mention insurance, so maybe they are doing him for that - far as I know, the plod do you for driving without insurance - not sure who does you for having an uninsured vehicle that should be insured when you aren't driving it, presumably administered by DVLA?

If it was on the road without insurance, then it would still be the police.

If they've taken it that his SORN wasn't valid, then he would have needed insurance for the time it was sorn'd and he probably wouldn't have had (if he was sorning it so it didn't need insuring).

The problem isn't that the SORN wasn't valid, just that the SORNed car wasn't where it should have been.