DVLA £684 out of court settlement for a SORN vehicle

Mazza_Mizzy

I have received a letter from the DVLA about 1 month after my vehicle was clamped om road for my vehicle being SORN. It was not with me at the time but taken by a mechanic friend to get the car ready and sorted for MOT to then get taxed and to be used again. It has been on my drive for over a year. The mechanic took it to his house on his drive, but had to take it off his drive for a few hours for some reason. During that time it was clamped. Clamp was released by making payment immediately as I did not want to deal with any headache of it and got me quite frustrated with the fact of it being on road when I specifically said it is SORN. Has been back on the drive ever since then. However, after thinking I got it sorted immediately 1 month later I receive a letter to my house from the DVLA for an out of court settlement of £684. I have never had something like this but I am completely astounded and find this very extortionate as the tax of it per year is not even half of that. All that for being out on road for a few hours and paying the unclamping immediately. 

Please advise

flashg67

It probably is correct, sadly -  See here - https://www.gov.uk/government/publications/vehicle-enforcement-policy/dvla-enforcement-of-vehicle-tax-registration-and-insurance-offences

DullGreyGuy

Mazza_Mizzy said:

I have received a letter from the DVLA about 1 month after my vehicle was clamped om road for my vehicle being SORN. It was not with me at the time but taken by a mechanic friend to get the car ready and sorted for MOT to then get taxed and to be used again. It has been on my drive for over a year. The mechanic took it to his house on his drive, but had to take it off his drive for a few hours for some reason. During that time it was clamped. Clamp was released by making payment immediately as I did not want to deal with any headache of it and got me quite frustrated with the fact of it being on road when I specifically said it is SORN. Has been back on the drive ever since then. However, after thinking I got it sorted immediately 1 month later I receive a letter to my house from the DVLA for an out of court settlement of £684. I have never had something like this but I am completely astounded and find this very extortionate as the tax of it per year is not even half of that. All that for being out on road for a few hours and paying the unclamping immediately. 

Please advise

The fine for having a SORNed vehicle on the road is £2,500 or 5x the due tax, whichever is greater. The standard offer is an out of court settlement of 2x the outstanding tax plus £30. 

Its meant to be extortion, its a criminal offence, and if all you had to do was just pay the tax due there would be no deterrent for people not to just SORN their car and pay the tax if they are caught. 

Have you spoken to your friend about coughing up for the fine given you instructed them that it was SORNed and not to be put on the road?

Jenni_D

If they're fixing your car, suggest that they deduct the fine amount off their invoice? 🤷‍♀️

sheramber

You paid the fee to remove the clamp.

The penalty from the DVLA is a separate  and additional charge. 

BikingBud

Mazza_Mizzy said:

I have received a letter from the DVLA about 1 month after my vehicle was clamped om road for my vehicle being SORN. It was not with me at the time but taken by a mechanic friend to get the car ready and sorted for MOT to then get taxed and to be used again. It has been on my drive for over a year. The mechanic took it to his house on his drive, but had to take it off his drive for a few hours for some reason. During that time it was clamped. Clamp was released by making payment immediately as I did not want to deal with any headache of it and got me quite frustrated with the fact of it being on road when I specifically said it is SORN. Has been back on the drive ever since then. However, after thinking I got it sorted immediately 1 month later I receive a letter to my house from the DVLA for an out of court settlement of £684. I have never had something like this but I am completely astounded and find this very extortionate as the tax of it per year is not even half of that. All that for being out on road for a few hours and paying the unclamping immediately. 

Please advise

I feel you are quite lucky. As others have mentioned the law is very clear.

Consider also that commercial vehicle maintenance at home might be a further problem if LA planning or perhaps even mortgage and home insurance find out. 

If he's a proper mechanic then he should have premises, public liability insurance and perhaps even trade plates to cover occurrences when the vehicle might be on the road, et road tests etc.

May also wish to consider: "Clean Neighbourhoods and Environment Act 2005, Section 4 "

Our street are persistently cluttered with cars that are little more than wrecks, good to see DVLA doing something useful for a change rather than sitting in cahoots with parking scammers.

ETA:

So he took it to repair and sort for the MOT? To get taxed again? Over 1 month ago? And it is not fit and legally on road yet?

Excuse my cynicism but........

Mildly_Miffed

The law is very simple. A car that is not taxed must not be on the public road.

SORN stands for Statutory Off-Road Notification. It was introduced in 1999, and is broadly unchanged since.

You may well feel that the mechanic owes you the clamp removal fee (which you paid at the time) and the penalty (which you are now being asked to pay) - and few would disagree with you. That, however, is a matter for negotiation between the two of you.