£275.00 Fine!!

[TRILITE-TONE]

I hope somebody can help... I have a vehicle sorn off road, in fact I have a few.

 

A few weeks ago we decided to get some work done on it and arranged a garage to collect it. He turned up at around 8.00am, jumped started it and moved it out of my private drive. The vehicle had been stood for a few months and the brakes were binding, usual stuff. I thought I had saw the last of it for while and waved it off for about 10 yards when it stopped with its electrical fault re-ocurring. We managed to push it back out side my gates and off the road and the engineer got back in his own vehicle and went off to collect his recovery vehicle. He returned at about 9.00am.

 

Needless to say I went back in home and got my things ready to go to my office. When I came out there was a Traffic warden looking at the car. I explained to her what had happened and she said ok and walked on. About a week later I received a letter from DVLA that I was the registered keeper of the vehilce and that it been seen on the public highway without a road fund license and that it was sorn. It went on outlining the offence of keeping or using the vehicle whilst sorn and offered a £275.00 out of court settlement against a potential £1000.00 fine.

 

Horrified I wrote a letter explaining what had happened and to which they have replied basically saying that I am the registered keeper and that i am liable for the safe keeping of the vehicle to ensure that is not placed on the public highway when it does not meet the legal requirement...

 

Oh they did still offer to let me pay £275.00 as an out of court settlement! Should I fight or take out a loan to pay it!

 

T.

[MARTIN3030]

There is discretion but you have to prove that you have a case.Theres no harm in trying,although if you cant put up a good case to show you are not liable,then it will lead to more costs for you later.

Are you dealing with the enforcement section ?

[TRILITE-TONE]

Yes I think so. the letter address is DVLALO (ENF) Unit D. The garage are prepared to put somthing in writing, if this will help having this overturned.

 

Tony

[MARTIN3030]

I dont think you have anything to lose by trying Tony.

[TRILITE-TONE]

Hi Martin,

 

Do you think I will jeopardise their leniency (tongue in cheek) towards letting me have an our of court settlement by taking them on towards the court route. I know that judges can be quite favourable when things are basically out of the individuals control. It is not like I make an habit of driving illegally.

 

Tony

[MARTIN3030]

I think its something thats an option,but only you can decide.

If you can put a defence together which would enable you to substantiate that the circumstances were exeptional,then sure.

But I think that the Judge would want to see that you had offered it to the defendants BEFORE any litigation.

I think it may be a good idea to get all this info together,and send it to them.

State clearly,that you are considering pre action Court protocols under the Civil Procedure Rules,and are giving them mittigating evidence which they are obliged to consider before they take legal action.

State clearly,that you reserve a right to bring to the Courts notice your co operation with them,and show the Court a copy of this letter,should legal action be instigated.

[MARTIN3030]

I had issues of a different kind with them.

I had sold a car to a trader privately.I assumed he would do the paperwork but he didnt.

I kept getting reminders for tax discs as it had expired a month after I sold the car.I just assumed it was a mistake.

A couple of months later I got a letter from Enforcements at Preston.They wanted over £200.

Weeks of communications followed.The then stated that they would be prepared to levy me with a 40 penalty but I had to pay within14 days.

I protested this,and they threatened court action.They asked for evidence of the trader,but I could not find it.

After a few more exchanges,the letters stopped and nothing further.I think they thought if it did go to Court,I would probably produce some forms of evidence to back up my case.

Not long after their last letter,I had a notification from Swansea thanking me for informing them I was no longer the owner-obviously Enforcement did this for me.

 

Lesson learned tho.

The Car was a 1992 Mercedes AMG 3.00 coupe 24v.

My thinking was the trader probably broke it up for parts-if it had of been re-licenced I would never have had any problems.

[TRILITE-TONE]

Hi Martin,

 

Thanks for that. I suppose this will sort out their intentions, or whether they are using a bit of muscle to force the £275.00 fine without wanting to persue me through court. I personally think that I have a good case by the fact that its true and that I dont abuse the system or law.

 

Thanks

Tony

[patdavies]

It went on outlining the offence of keeping or using the vehicle whilst sorn and offered a £275.00 out of court settlement against a potential £1000.00 fine.

 

 

If you pay the £275, it will go into the DVLA's coffers - that is why they are pressurising you.

 

If they take it to court, then any fine from the Magistrates will go to central funds.

[patdavies]

If the repairer was taking the vehicle, then he is required to either put it onto a trailer/low-loader, or put trade plates onto it to drive it.

 

Did he not leave trade pates on it when he left it? If he did not, then the vehicle was parked on the public highway (but check that the road is maintained at public expense) whilst registered for SORN and you are therefore, unfortunately, liable as the registered keeper.

 

I think that if the road is public highway - as defined in VERA 1994 - then your best defence is that it was an exempt vehicle under Schedule 2, para 22(3) of the same Act. (the only fly in the ointment, is that it should have been refused an MoT certificate first). If the work to be done included an MoT test, then the vehicle is most definitely exempt under para 22(1)

Edited November 28, 2008 by patdavies

[gwc1000]

Did he not leave trade pates on it when he left it?

 

I'm afraid, pat, that legally he shouldn't. It is an offence for which you may be prosecuted if you park a vehicle on the highway displaying trade plates. Also, you you run the risk of having them taken away from you.

Trade plates are only for moving a vehicle from trade premises to trade premises. Also, they only cover you for VED. If the vehicle does not have an MoT the trade plate does not exempt you from that.