Threatening letters from DVLA over Section 144A(1) of the road traffic act 1988

Mildly_Miffed

TooManyPoints said:

If a vehicle is not declared off road it must be both taxed and insured, no matter where it is kept.

Indeed. That's one offence the OP has committed.

Where he kept it, uninsured, is another separate one.

TooManyPoints

Where he kept it, uninsured, is another separate one.

There are only two offences  involving insurance. 

One is the one he has been accused of – under s144a it is an offence to keep a car (anywhere) unless it has been declared and kept off road. Only the RK can be convicted of this offence (which carries a fine only). It requires no evidence other than to show that the vehicle was not SORN’d and that no insurance was in place.

The other (under s143) makes it an offence to use a vehicle on a road or other public place. Whilst “using” does not necessarily involve driving, it involves more than merely being the RK and to secure a conviction the police must prove that it was being used and by whom.  Anybody using the vehicle can be convicted of this offence, which carries a fine and either 6-8 points or a disqualification. 

If it was disputed, whether or not the vehicle was being “used” would be for a court to decide. But from his description I suspect the OP could successfully argue that his vehicle was not being used. If so, where it was kept when not in use is (as far as s143 is concerned) irrelevant. If it was found to be "used" the police would have to prove that it was on a road or other public place.