Court Summons for breaching Section 29A of VERA for a vehicle under SORN parked on a private road

[Shane_Jackson]

Hi All,

 

Bit of a strange one.

 

I received a court summons today from the DVLA stating that I was accused of parking a SORN Vehicle on a Public Road which they state contravenes Section 29(3A) of the Vehicle Excise and Registration Act 1994 (VERA).

 

I have checked with my council and the road is maintainable at the residents (i.e. my) expense.

 

Within Section 62 of the Vehicle Excise and Registration Act 1994 a public road is defined as:

“public road”—

(a) in England and Wales and Northern Ireland, means a road which is repairable at the public expense, and

 

What am I missing here? Surely the DVLA aren't going to drag me into court over this without checking up on the status of the road?!

 

I have seen other posts referring to 'Public Highway' on SORN vehicles. If I am accused of contravening VERA then surely it's definition of 'Public Road' supersedes any other.

 

Any help would be appreciated.

[Raykay]

DVLA will rely on whoever reported your vehicle, and them saying it was on a 'Public Road' , the definition is as you say above. If you have it, or can get it, from the council in writing that they have no responsibility for the road and that it is a private road, and anything else you have regarding maintenance by residets etc. and send a copy the DVLA - they may see sense and cancel the prosecution, if not take the copies to the court with you.

 

You may get more advice if you can get this put back in the DVLA forum.

[Shane_Jackson]

Thanks for the response on this - Much Appreciated. I will follow your advice on this one - I hope the DVLA do see sense. It seems a massive waste of time and public funds to let this be decided in court.