SORN - not been declared for nearly 5 years

[tom1985]

Hi bit of an odd one this.

 

Basically I bought a Mini back quite a few years ago to restore. It was declared SORN year after year by my Dad. In 2003 we changed the ownership to me in Feb 03. Because it was still declared SORN I thought I didn't need to do anything. Since then what's left of the car has been tucked away in my shed to rebuild in the future, the majority of it was scrapped in 2003.

 

To this day I have not received anything from DVLA other than the new style V5 document when they were introduced. No SORN reminders, nothing.

 

Yesterday I checked the car on the DVLA website and it came up as unlicensed. I went to declare it sorn out of curiosity.

It is an offence to be the registered keeper of a vehicle that is unlicensed and does not have SORN declared.

 

You can declare SORN from today’s date, however, please note the above offence still applies.

 

DVLA’s Continuous Registration Enforcement Centre may be in contact with the registered keeper regarding this gap in licensing.

 

Click the Next button to continue to declare SORN."

 

I'm worried if I declare it SORN now I am going to get fined..... I realise now I should have SORN'd it when we changed ownership, but the fact I haven't heard anything for nearly 5 years hasn't prompted me to do anything.

 

I read that there were some changes to SORN in 2004 - continuous registration was introduced, but since the SORN expired on 2003 - would that be why I haven't received anything to this day?

 

Any advice would be appreciated - thanks in advance.

Edited July 15, 2008 by tom1985

[foolishgirl]

I think no SORN is a fineable offence but you may get away with a slapped hand if you talk nicely to them & explain why you've not registered. They may want proof that you've not used the car - if its in pieces, you could send them a photo! Or even worse, they want back tax

You've got to do something 'cos I guess at some time you'll want to run the car & need road tax/insurance unless you're planning on scrapping it.

However be aware in future that DVLA do not send reminders for SORN & it's like the rest of the law - ignorance is not bliss.

[MARTIN3030]

Generally the Sorns were introduced to address road tax evasion-and failing to make the Sorn can carry a penalty far in excess of the actual duties that may have been payable.

I found this;

 

When SORN is not needed

 

SORN isn’t needed if:

 

• you sell the vehicle
  
• you scrap the vehicle or pass it to a scrap dealer
  
• your insurance company write the vehicle off
  
• you take the vehicle abroad permanently
  
• you apply for a refund and don’t keep the vehicle
  
• your vehicle was last taxed before 31 January 1998
  

Unfortunately none of the criteria looks to apply in your case.

They will take the view that it was your responsibility to have made the Sorn.

As you probably know-Sorn has to be renewed too every 12 months.

The Continuous registration centre are likely to show little sympathy unless you can show VERY GOOD reasons.Contact them and explain your side of things.They will then send you a response with a list of mitigating circumstances.

I think you should lodge your Sorn since the CRC will want to see that you have done this if you are expecting them to consider your case-and as it stands you are still in breach of the declaration.

I had a recent problem with them myself-I sold a car to a trader last year.I did not send my portion of the V5 (the vehicle was still taxed)...after 6 months I got a tax reminder...but ignored it thinking-well the trader will obv be sorting it.

3 months down the line I get a penalty notice for 40 quid for failing to fill out a sorn.

I left that too...next minute the penalty went to 80 quid.

I could not find the phone number or details of the trader...my appeals fell on deaf ears.I did manage to negotiate a settlement with the CRC and agreed to pay the original 40 quid....otherwise face more charges.

A lesson learned by me.

So dont leave this-get it sorted.As you can see the CRC have discretion to reduce penalties that are outstanding.

Keep us informed.

[tom1985]

Thanks for your replies. Well I have photographic proof of the car being scrapped in 2003, and neighbours can confirm it going, and probably the scrapyard itself too. I only kept a few bits with the thought of maybe buying a new shell in the future and rebuilding it. Should have just just sent off the V5 and declared it scrap.

 

Since 2003 I have had numerous other cars always taxed or SORN'd without fail. The fact they haven't sent me ANYTHING through the post in over 5 years, I'd pretty much forgotten about the car it until now when I found the reg doc cleaning up the other day and thought I'd better check it's status.

 

If they do get in touch I'll be telling them it was scrapped in 2003 and can prove this. This car was originally taken off road in 1998 and hasn't seen a road since.

 

Having read much about about Continuous Registration. It came into force in 2004 where they started checking licenses monthly where the license expired on 31/1/2004, then next month expires 28/02/2004 etc so perhaps this Mini since it expired beginning of 2003 has escaped.

 

I realise I should have sorned it back in 2003 when I became owner, but I'm not going to risk it now, I'd sooner have it declared scrap.