Penalty for untaxed vehicle, while SORNd

muffinmannen22

Hi,

My car has been SORNd for a couple of years as needed some work doing to it. It was on a private driveway and all was well.

I began to carry out the work that was needed and in doing so moved it to the bottom of the driveway which was the end of the footpath on our road - I realise now that this is in violation to the SORN. As luck would have it one of the camera guys saw the car and it was clamped.

It was in this position for about a month before being clamped - admittedly I screwed up. I paid the release fee which i believe was £270 or thereabouts. Some of which would be refunded if the vehicle was taxed in time, it was unlikely as no MOT. Bitter pill to swallow but there we go. Car was moved back onto private land to wait for things to improve before MOT'ing (has now been MOT'd).

I received a letter yesterday from DVLA that they received evidence the vehicle was being used and are requesting 649.00£ within the next 10 days or so. I've not yet crossreferenced the data/time they provide as it's either from when the camera guy clamped / reported the car or when it was being driven by mechanic to the MOT bay.
*I've since checked and the datestamp maps to when the car was clamped.

My question is mainly this: While I do not question the fact that I need to pay for the time it was parked up and work was being carried out on it, I cannot prove this. I cannot afford the 649 fee and will need to appeal it. I called the number to query the evidence but it's one of those 'pay or hang up' ones.
Any advice / suggestions at all?

TIA

Car_54

You've only paid the release fee. They're now charging you for the tax evaded plus a penalty. An offence is committed any time you keep or use the untaxed vehicle on a "public" road, so the length of time is irrelevant.

muffinmannen22

But then I would imagine that the 'tax evaded' part would be the duration that the car is SORN'd? It would help if there were a breakdown so I could understand it better.

neilmcl

How much is your annual VED charge normally?

Car_54

muffinmannen22 wrote: »

But then I would imagine that the 'tax evaded' part would be the duration that the car is SORN'd? It would help if there were a breakdown so I could understand it better.

Phone them and ask for a breakdown?

DoaM

Car_54 wrote: »

Phone them and ask for a breakdown?

Ahem .

muffinmannen22 wrote: »

I called the number to query the evidence but it's one of those 'pay or hang up' ones.

muffinmannen22

Car_54 wrote: »

You've only paid the release fee. They're now charging you for the tax evaded plus a penalty. An offence is committed any time you keep or use the untaxed vehicle on a "public" road, so the length of time is irrelevant.

Car_54 wrote: »

Phone them and ask for a breakdown?

I've yet to call the normal DVLA number as the one on letter went only to a payment line

muffinmannen22

neilmcl wrote: »

How much is your annual VED charge normally?

It's bank K, 315£ or thereabout I believe.

neilmcl

muffinmannen22 wrote: »

It's bank K, 315£ or thereabout I believe.

The normal OCS (out of court settlement) for driving a car whilst SORNed is £30 plus twice the annual charge, so your fine of £649 sounds about right. Bear in mind if you don't pay and it gets referred to court you could expect a fine up to £2,500.

muffinmannen22

neilmcl wrote: »

How much is your annual VED charge normally?

neilmcl wrote: »

The normal OCS (out of court settlement) for driving a car whilst SORNed is £30 plus twice the annual charge, so your fine of £649 sounds about right. Bear in mind if you don't pay and it gets referred to court you could expect a fine up to £2,500.

mental, I can pay the 2.5 as easily as I can pay the 649 - not at all

I have to fight it though, I mean I get that for the month that it was there I was not abiding by the sorn and that's entirely my fault for not checking the definition of public road properly but to be charged that is crazy. And if I can't appeal it, or if they won't listen then there's absolutely no way it can be paid by their deadline of 10 days, no hope at all of that happening.

DoaM

muffinmannen22 wrote: »

no hope at all of that happening.

You don't have a credit card you can use to pay it?

You can't arrange a short-term loan to pay it?

Either of those will end up costing far less than going to court and ending up with a larger fine (even if they allow payment by instalments) and maybe also a criminal record.