DVLA - Fine unlicensed car on road | Legal matters | Back Room Forum

Tue 22 Jul 2014 11:49

DVLA - Fine unlicensed car on road - clivedene

My son's car was declared SORN and parked off road by our rented garage which is situated about 20 minutes away from us. It had a note of a number and name displayed in windscreen if anyone needed to contact us. There were no problems until last month when out of the blue he got a letter saying it had been taken to the pound as it was found on the highway, followed by a fine from the DVLA (a payup or go to court letter). Now on both these items of communication the name of the road where the vehicle was found was incorrect (ie it doesn't exist). When we wrote to the DVLA explaining that the car must have been moved by an unknown person (ie attempted theft) and that the road didn't exist they have replied by saying "the road is actually P...L.." and we want written permission from the owners of the land that you had permission to park there. The written permission we are unlikely to get as the rent is paid to an agent and we have no contact with the actual owners. Can the DVLA just say "oh we made a typing error". He is now being threatened with being taken to court again when he has done absolutely nothing wrong. Advice please

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Tue 22 Jul 2014 12:33

DVLA - Fine unlicensed car on road - FP

I can't comment about the details of how SORN works in this instance; maybe someone with more experience will comment.

However, this case seems to hinge on whether the car was parked (a) on the highway, or (b) on private land. DVLA don't seem to know which.

The highway can exist in ways not always obvious, and a little cul-de-sac with a cluster of garages around it could technically be part of the highway. Your local authority should be able to establish this and it is worth doing, even though the DVLA seems to have changed its story. To put it bluntly, if the vehicle was parked on the highway, your son has no excuse.

If the car was off the highway I can't see why the DVLA are concerned about permission from the landowner, but if you need to establish who owns the land the agent you are paying rent to should give you the information and I would press for it if you need it.

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Tue 22 Jul 2014 15:59

DVLA - Fine unlicensed car on road - Dwight Van Driver

The Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008 amended the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 which gives DVLA authority to clamp or remove a vehicle not taxed and not sorned (and presumably fine) on a road. Under Vera road was defined " one repairable at public expense". But this was extended by the 2008 regs to include unadopted roads, commons, public Car Parks or roads maintained by Housing Asociations.

A driveway of a dwelling would not attract attention.

dvd

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Tue 22 Jul 2014 16:14

DVLA - Fine unlicensed car on road - brighteyes

Notwithstanding the rights and wrongs of SORN on an apparently private car park the DVLA apparently made an error with there initial paperwork. As this mistake could possibly adversely affect your defence then I feel you have a possible case of pleading not guilty with the defence of "abuse of process". If you write a letter to the DVLA stating "abuse of process" it will certainly give them a headache and also buy you some time to investigate the ownership of the land.

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Wed 23 Jul 2014 10:28

DVLA - Fine unlicensed car on road - clivedene

Thanks everyone. Where the car was parked is totally private land - it is possible someone tried to steal the vehicle and pushed it onto the highway. We will write again to the DVLA with proof that where it was parked is private (we rent a garage there) and also go with the"abuse of process" line as well.

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Wed 23 Jul 2014 17:01

DVLA - Fine unlicensed car on road - Simon

I dare bet that whichever removal agent lifted the car, they will have photos of the car parked before they took it. That should prove where they had it from.

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Thu 24 Jul 2014 12:32

DVLA - Fine unlicensed car on road - clivedene

It may well have been on the road as my son thinks someone tried to start it and pushed it out onto the highway. It had been broken into apparently the pound people said the window was smashed. The point being he did not leave it there - when he last visited the garage it was still parked on the private road outside out garage.

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Thu 24 Jul 2014 14:00

DVLA - Fine unlicensed car on road - Brit_in_Germany

Could have been one of the other residents fed up with having a SORNed vehicle blocking one of the parking spaces?

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Thu 24 Jul 2014 14:10

DVLA - Fine unlicensed car on road - FP

"... my son thinks someone tried to start it and pushed it out onto the highway."

This is worrying. If indeed the car was found on the highway, how is your son going to establish the car was not left there by him? And I'm wondering if there is any legal responsibilty for him to ensure his SORNed car was off the highway at all times, even if someone else, in this case, moved it?

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Sat 26 Jul 2014 16:02

DVLA - Fine unlicensed car on road - clivedene

It wasn't blocking any other garages and he also left his name and phone number clearly visible in the windscreen so anyone could have phoned him about the vehicle.

He has quite a few witnesses as to where the car was parked - just have to put all the facts to the DVLA as see what transpires.

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Sun 27 Jul 2014 23:17

DVLA - Fine unlicensed car on road - holly123

Hi, my son has just had a very simiar scenario to your son, we were wondering what amount of money he has been fined and did he recieve any penalty points on his licence. My son had his car taken on Thursday last week he initially thought it had been stolen and phoned the police they told him that the DVLA had arranged to have it seized. My son owns his own flat within a tower block, some are privatley owned others are council flats. He has bought a new car which is moted, taxed and insured and is only driving this car. The other car he has been trying to sell it, the tax, mot and insurance have all expired so he sorn it off the road he lives in Oxford we live in Birmingham, he believes on his deeds he has an allocated parkiuing place at the back of the flats but they have still seized the car. We were just wondering how your son's case is going and do they have a chance of proving their innocence my son properly like your son is a hard working law abiding citizen who would never intntionally break the law he is 25 yrs old and never been in any sort of trouble, but is very worried he will get points on his licence and be given a hefty fine having had a clearn licence.

Holly1223

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Mon 28 Jul 2014 00:14

DVLA - Fine unlicensed car on road - FP

"...he believes on his deeds he has an allocated parkiuing place at the back of the flats but they have still seized the car."

I would observe only that the allocated parking space may in fact be part of the highway for legal purposes or not. The fact needs to be established.

Whether someone is hard-working, law-abiding, etc. etc. is unfortunately besides the point in these cases. It all hinges on the precise definition of whether the SORN-ed car was on the "highway" or not.

Edited by FP on 28/07/2014 at 00:16

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Mon 28 Jul 2014 13:08

DVLA - Fine unlicensed car on road - holly123

We are well aware it hinges on the precise definition of whether the car was sorn-ed on the highway or not. This is what we are tryin g to establish. Deeds to my son's flat are with the solicitor up here in Birmingham so he know has to come back up here to see his solicitor to get a copy- will not release to us ,his parents.My son has phoned the DVLA to see if they are going to issue a fine. The department said some times they do and sometimes they don't, in his case it is to soon to say as the car was only taken on Thursday. He now has to sit it out to see. He has re-located to Oxford for his job and has no family or friends near by so had no choice but to sorn it off the road and park it at the back of his flat, he has had no luck in selling it, in hine sight he would have been best in scrapping it and cutting his losses even though the book price on the car is £1,400.00. He now has to pay £495.00 to get the car back and also has to insure it even though he won't be driving it.

What he really want's to know can he expect a fine can any advice that has been in this situation.If he does'nt get a fine he will just let them keep the car hoiwever if he gets ahefty fine he will allow the to take him to court and fight.

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Mon 28 Jul 2014 13:34

DVLA - Fine unlicensed car on road - clivedene

The DVLA has asked for £450 saying if it goes to court could be £1000 but this has not yet been paid as it is being contested.

There involves no points on his licence (not a driving offence I suppose)

Wish your son luck - will update out result when available.

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Mon 28 Jul 2014 13:53

DVLA - Fine unlicensed car on road - holly123

Thank you so much for your quick response. Wish your son luck with his case, I have noticed that some people have won their case against the DVLA.

Has your son got his car back or have they already got rid of it?

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Mon 4 Aug 2014 00:48

DVLA - Fine unlicensed car on road - holly123

Holly 123 - Just an update- My son has had his car seized.... After a very stressfull few days, phone calls to the pound that collected my son's car,Oxford County Council who were very helpfull indeed and also the DvlA.We were told initially it was a legal lift then we asked for evidence of where the car was parked and also informed them we had a recorded message on our phone which my son put on the computer stating he was entitled to be parked were he was with the car sorn. The DVLA were saying it was not sorn-ed off the road we have evidence that it was, also states on their web site. Anyway on Wednesday morning we got a call to say it was infact an illegal lift so all charges were being dropped they would return the car back to were they found it. We decided to hire a trailer and bring the car back to our address in Birmingham on the Thursday where it is safely sitting on our drive waiting to be sold. I cannot thank Oxford County Council and the complny that were told to take the car enough they both fought our corner. What a very stressfull week it has been.

I hope the other family experiencing a similiar situation have been as lucky, all I can say is keep phoning and pestering in a very calm and polite professional manner and they will back down. Good Luck.

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Tue 5 Aug 2014 00:27

DVLA - Fine unlicensed car on road - FP

Glad it worked out so well for you.

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Tue 12 Aug 2014 09:19

DVLA - Fine unlicensed car on road - taica

Malicious link deleted. I've hidden similar posts on some other threads.

Edited by Avant on 13/08/2014 at 00:32

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Tue 12 Aug 2014 10:50

DVLA - Fine unlicensed car on road - nortones2

This seems to be a malicious link.

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Tue 12 Aug 2014 10:58

DVLA - Fine unlicensed car on road - skidpan

This seems to be a malicious link.

At least its not trying to sell us a k******.

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Tue 12 Aug 2014 10:59

DVLA - Fine unlicensed car on road - skidpan

This seems to be a malicious link.

At least its not trying to sell us a k******.

So k1tchen is outlawed now.

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Tue 12 Aug 2014 12:06

DVLA - Fine unlicensed car on road - nortones2

It's a bot. Have been double checking it's not infected my machine. But don't click on it especially if you use Windows.

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Tue 12 Aug 2014 20:52

DVLA - Fine unlicensed car on road - nortones2

Why is the link above still live? I've raised this directly with the HJ site as well as flagging up on the forum report option. Am I mistaken?

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Tue 12 Aug 2014 22:04

DVLA - Fine unlicensed car on road - alan1302

Why is the link above still live? I've raised this directly with the HJ site as well as flagging up on the forum report option. Am I mistaken?

I expect it's because there is no one who monitors the forum all the time so you have to wait until a moderator is available.

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Wed 13 Aug 2014 00:36

DVLA - Fine unlicensed car on road - Avant

Thanks, Alan.

Norton, that comment is actually more annoying than the spam. Please understand that moderators on this and most other forums are volunteers who do have other things to do with their lives than check the forum.

I do apologise if this sort of thing is really important to you.

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Wed 13 Aug 2014 09:01

DVLA - Fine unlicensed car on road - nortones2

As I also sent a note to the HJ site I was surprised nothing had been done. No need for sarcasm. Junk like the link could be a real nuisance to Microsoft users.

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Wed 13 Aug 2014 09:27

DVLA - Fine unlicensed car on road - RT

As I also sent a note to the HJ site I was surprised nothing had been done. No need for sarcasm. Junk like the link could be a real nuisance to Microsoft users.

Each user should have their own protection software and not rely on instant website monitoring. Microsoft even offer free security software!

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Wed 13 Aug 2014 09:47

DVLA - Fine unlicensed car on road - nortones2

I use Mac, thus not an immediate issue to me. As for instant, no-one expects that!

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Wed 13 Aug 2014 11:10

DVLA - Fine unlicensed car on road - Dabooka

I use Mac, thus not an immediate issue to me. As for instant, no-one expects that!

Mac or Windows, only a complete muppet clicks on random links on forums anyway, especially ones that are unclear in purpose and destination.

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