Car tax fine

trigger_fish

Sorry OP but bang to rights on that.

In your final sentence you remark that your husband thinks that a neighbour has it in for him.

Really? It seems a long stretch to suggest that someone has been on the phone and within an hour or so DVLA turn up.

It also seems a very long stretch to believe that DVLA turned up by chance.

If he truly believes that he has been reported then he's going to have to stop because it could easily happen again.

As another poster has typed the car is also uninsured and not tested and all that can add up including penalty points for the lack of insurance though it would seem to me to be a harsh sanction in this circumstance.

allan7710

AdrianC wrote: »

Everything else is secondary. The only important thing here is that there was a SORNed car spotted on the road by a DVLA enforcement team, who clamped it. Bingo. Job jobbed. No excuses, no get-outs. He was caught red-handed. You say it was un-MOTd, and not capable of passing one (so unroadworthy?) - I presume it was also uninsured? At least tell us he pushed it onto the road, rather than moving it under its own power...

The legislation around SORN has not changed - except that it no longer expires annually - since it was introduced 20 years ago next year. If your husband is indeed somebody who restores old cars for resale, then he really should have known this. But ignorance of the law is rarely an excuse, and it certainly isn't here.

BTW, there may also be a strong argument that he's trading, if ever a buyer has an issue with a vehicle. The fact he isn't doing so profitably is irrelevant, but the fact he gets through several a year, buying and "restoring" for resale is very relevant - have a google for HMRC's "badges of trade". I'd imagine the local authority are also going to be rather irate when they find out that somebody is working semi-commercially with facilities so limited that he needs to put untaxed, uninsured, untested, unroadworthy vehicles onto the public road. That's before we consider the environmental health aspects - I'm presuming he's spraying...? What sort of paint?

TBH, if this stops here, he's got off VERY lightly. Take this opportunity to pause and think.

Thank you for your reply.
Yes, as per other replies I see that there is no option but to pay the fine.

However, it is a bit of a leap to call someone who enjoys tinkering with cars a trader, it really is a hobby and he could have the same car fixing it up slowly for well over a year before either selling it or driving it himself. In the last 5 years he has had 3 cars. As for painting, I meant it in the loosest of terms, as in a small chipped area etc using a touch up pen (not actually something this car has had) not a whole respray of a car. I just referred to it in the sense that he really enjoys working on cars and puts a lot of effort into even the smallest of details.

I feel like you are trying to blow this out of proportion, for what gain I don’t know. He made a mistake bringing it out to the front of the driveway to have a bit more space to get round it and polish buff it. He made a mistake as he presumed this was still classed as private land as at the front of our house. We obviously know now he was wrong so no need to repeat yourself. I only asked for advice on whether we could dispute the fine as I know, and he knows, that he wasnt trying to tax dodge, the car just wasn’t ready for being put on the road yet. That does not mean it was a health hazard, rust bucket either. It’s an expensive hobby and as my husband enjoys fixing up cars he takes his time with them.

AdrianC

trigger_fish wrote: »

As another poster has typed the car is also uninsured and not tested and all that can add up including penalty points for the lack of insurance though it would seem to me to be a harsh sanction in this circumstance.

Right up to the point where the shonky handbrake lets it roll away, which of course it does just as the husband's gone to get some tools - and it takes your garden wall down on the way into the side of your car.

trigger_fish

AdrianC wrote: »

Right up to the point where the shonky handbrake lets it roll away, which of course it does just as the husband's gone to get some tools - and it takes your garden wall down on the way into the side of your car.

I've seen it happen more than once.

AdrianC

allan7710 wrote: »

However, it is a bit of a leap to call someone who enjoys tinkering with cars a trader, it really is a hobby and he could have the same car fixing it up slowly for well over a year before either selling it or driving it himself.

You said he bought them with the intention of improving them, and then selling them on. You said he got through several a year sometimes.

That's a fairly solid definition of somebody trading. Like I said - the key test is not what your husband thinks or how he wants to spin it or whether he's profitable - but the view which a court would take if it ever came to it. If a buyer had an issue, or if the local authority became aware of his activities.

As for painting, I meant it in the loosest of terms, as in a small chipped area etc using a touch up pen (not actually something this car has had) not a whole respray of a car.

OK, we clearly have different views of the word "restoration".

I feel like you are trying to blow this out of proportion, for what gain I don’t know.

To make you aware of the potential pitfalls that you're facing. If you wish to deny them, feel free. No skin off my nose...

That does not mean it was a health hazard, rust bucket either.

Was the car insured?
Did he move it under its own power?

AndyPix

One word of advice ...




Paragraph

Car_54

trigger_fish wrote: »

As another poster has typed the car is also uninsured and not tested and all that can add up including penalty points for the lack of insurance though it would seem to me to be a harsh sanction in this circumstance.

Harsh, but mandatory.

arcon5

Dvla do do the rounds it seems.
Our estate has just had 5 clamped at weekend for no tax.

sevenhills

allan7710 wrote: »

The DVLA car tax enforcement team came and clamped it as it has no tax.

Since we dont display tax discs anymore; in order for your neighbour to report it they would need the registration number and to check it online.
But they would not know it was untaxed, so that does not add up, with your version of the facts.

sennypijama

sevenhills wrote: »

Since we dont display tax discs anymore; in order for your neighbour to report it they would need the registration number and to check it online.
But they would not know it was untaxed, so that does not add up, with your version of the facts.

Not true.

They could check at https://vehicleenquiry.service.gov.uk/