SORN Penalty on Private Road

SHAFT

unholyangel wrote: »

I'd second that. Guy I knew from school with was up on a drunk in charge offence. He'd been on a night out, had phoned for a ride and it was bucketing down so got into the car - in the passenger seat - to wait. Fell asleep and didn't wake up until the police rapped on his window several hours later. Court threw it out and criticised both the police & prosecution over their decisions to first lay charges and then to prosecute.

Although I would add that while I agree people feign innocence, it is possible for someone to be well over the limit on a pint and half. But less likely to be true when the person making the claim is a 6ft 18st guy

And you were there when they did that?

Prosecution could have failed on one of a number of reasons.

unholyangel

Yes, I was there

The judge only echo'd my own sentiments when I first learned of the circumstances. Remember, this is not a friend. Not that I don't like the guy, just we don't cross paths socially. Apart from when he was up on the charges, I haven't seen him since school.

In my case, I only relayed one set of circumstances because there was no dispute from the police or prosecution over those circumstances. They just had this weird idea that being in the passenger seat, asleep with the keys in your pocket meant that you were drunk in charge.

If he'd been in the drivers seat then it wouldve been justified. But absolutely every bit of evidence backed him up - passenger seat, keys in pocket, several phone calls to taxi companies when the bars closed, weather.......it was a complete waste of taxpayer money and never should have gotten anywhere near as far as it did.

TooManyPoints

The judge only echo'd my own sentiments when I first learned of the circumstances.

So it was a District Judge (Magistrates' Courts) sitting alone, then?

SHAFT

unholyangel wrote: »

Yes, I was there

The judge only echo'd my own sentiments when I first learned of the circumstances. Remember, this is not a friend. Not that I don't like the guy, just we don't cross paths socially. Apart from when he was up on the charges, I haven't seen him since school.

In my case, I only relayed one set of circumstances because there was no dispute from the police or prosecution over those circumstances. They just had this weird idea that being in the passenger seat, asleep with the keys in your pocket meant that you were drunk in charge.

If he'd been in the drivers seat then it wouldve been justified. But absolutely every bit of evidence backed him up - passenger seat, keys in pocket, several phone calls to taxi companies when the bars closed, weather.......it was a complete waste of taxpayer money and never should have gotten anywhere near as far as it did.

Drunk in charge heard on appeal in crown court then?

Car_54

TooManyPoints wrote: »

So it was a District Judge (Magistrates' Courts) sitting alone, then?

Or a Sheriff?

Ectophile

neeraj89 wrote: »

Just today I received a PENALTY notice from DVLA of GBP 97.00 as they have received evedince that my car was parked on 30th August on that road (Which it was). I have to pay the fine till 22/09/2019.

Is there any way I can contest this as it was parked on a private road ?

My car is no longer parked on that spot and now I have moved it to a friend's driveway.

Yes, you can contest it. It's a private road, and you are entitled to keep a SORNed car on it.


You probably can't drive the car along that road unless it's insured, and you have a driving licence. But you don't need road tax for a car to be on private land.

unholyangel

TooManyPoints wrote: »

So it was a District Judge (Magistrates' Courts) sitting alone, then?

SHAFT wrote: »

Drunk in charge heard on appeal in crown court then?

We're in scotland.

Discodave

On another similar note, and sorry to hijack this post. My car, possibly SORN tomorrow, is parked in a terrace which i take this it be a public road.

So, i still need road tax, yes? But do I still need insurance?

Car_54

Discodave wrote: »

On another similar note, and sorry to hijack this post. My car, possibly SORN tomorrow, is parked in a terrace which i take this it be a public road.

So, i still need road tax, yes? But do I still need insurance?

Yes. If it's taxed, it must be insured.

SHAFT

Discodave wrote: »

On another similar note, and sorry to hijack this post. My car, possibly SORN tomorrow, is parked in a terrace which i take this it be a public road.

So, i still need road tax, yes? But do I still need insurance?

Car_54 wrote: »

Yes. If it's taxed, it must be insured.

Plus it's on a road.