Raykay
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Everything posted by Raykay
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Un-adopted as a highway, but it is who owns the land it that is relevant, does the landowner (still the council?) have a contract with the parking company to control parking. the IPC, the IAS and Gladstone Solicitors are all the same people, so don't expect any result except 'appeal denied, pay up'.
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As in post 61, the road may now be un-adopted as a highway, but is that part still council property, if so, have they authorised the control of parking on their land.
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Did the council confirm that they had un-adopted all of Market Street, or just the part near the old hospital?
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There will only be signs within a controlled parking zone if the restriction at that location (bays etc.) is different to the zone restriction.
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That is why I said 'would be'. The OP hasn't got one, but others might have, and an EU licence is currently valid in the UK, it is not limited to just a year.
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A Latvian licence would be valid in the UK - perhaps not after next March, when the UK leaves the EU.
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Has anyone ever had a regisration mark removed by DVLA
Raykay replied to tigeress289's topic in DVLA
It may have depended on when you sent the documents and how long after the DVLA closed the transfer period that they accepted late applications. For late applications they required the original local authority vehicle log book with a letter from an accepted car club that the details of the vehicle shown on the log book matched those of the actual vehicle. -
Has anyone ever had a regisration mark removed by DVLA
Raykay replied to tigeress289's topic in DVLA
The DVLA registrations started with the 'M' suffix - August 1973 and transfer from local authority records DVLA records ran for a period after that. I wondered how far back the OP meant as 4BYO and 33ALC do not appear on the DVLA vehicle record system so they could have been lost by not being transferred from the local authority system to the DVLA. -
Has anyone ever had a regisration mark removed by DVLA
Raykay replied to tigeress289's topic in DVLA
When the DVLA took over vehicle registration matters from local authorities there was a fixed period for the transfer to the DVLA, either automatically as a vehicle was re-licensed, or application of transfer by the keeper. The DVLA stated that at the end of the period, any vehicle details that had not been transferred to the DVLA system would no longer be recognised. There were pleas from some of the motor clubs and the DVLA agreed that they may consider later applications for vehicles verified by the clubs. -
It is the photo that expires in 10 years - the date in 4b on the front of the licence (and is carried forward on any replacement licence within the 10 years), failure to update it is the same offence as failing to update name and address. It does not affect the validity of the licence - which is the date under column 11 on the back of the licence. a
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According the OP's letter in post 5, the offence the DVLA are claiming is that the vehicle was on a public road when a SORN was in force.
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You can try - if it progresses to court, the penalty for that offence is a level 3 fine (up to £1000, depending on income) plus court costs and any outstanding duty.
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It can depend on what the DVLA are claiming - the Late Licensing Penalty, or an 'out of court settlement offer'.
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To the office that issued the fixed penalty offer, not a court.
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It will be nothing to do with the DVLA or revoking your licence, as in post 12, the licence needed to be sent to the authority dealing with the offence. As it was not sent, the money was refunded and the matter forwarded to be dealt with at court.
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To accept the offer of a fixed penalty, the driving licence needs to be sent (and the payment) to the authority offering the fixed penalty, not the DVLA.
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A letter from the garage may well help in mitigation, but it is not a defence as suggested above. Unfortunately the insurance was still your responsibility as the 'Registered Keeper'.
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If the OP was still the 'Registered Keeper' in July 2017, that is who would have committed the offence, although someone else may have been the 'Keeper' at that time.
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If the farm track was considered to be 'a road or other public place' within the meaning of the Road Traffic Act 1988, then a charge of careless driving is possible - s.3 of that act. If Cheam library car park was not considered to be a 'public road' within the meaning of the Vehicles Excise Act 1994, the judge was correct that there was no a requirement to display a vehicle licence.
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A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply. For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.
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A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989
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LPS Ltd PCN - Ryde Pier, Ryde Isle Of Wight
Raykay replied to letsgetitsorted's topic in Private Land Parking Enforcement
On the 'Ryde Pier Toll Charges sign', in mentions the 'Ryde Pier Byelaws'. -
What did you send to the DVLA? The buyer is not required to send or notify anything to the DVLA, only the seller.
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Usually the £100 is the un-clamping fee, followed by an out of court settlement offer letter from the DVLA for the offence of having an unlicensed vehicle.
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It is only the seller, not the trader, that is responsible for notifying the DVLA of the transfer, either by sending the completed V5C/3 part of their V5C or on-line. Failure to do so can cause problems, as you have found .
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