Bradford Magistrates Court Tuesday 5/08 Unsorned vehicle fine (NO ASN REQUIRED)! **Charge Withdrawn**

[bootedup]

Hello all,

 

A bit late in the day on this one, but I bought two vehicles on the 4th December last year (one to keep and the other to be repaired and sold on) from the same seller.

 

Both vehicles were moved to a private road (both were not on the road due to engine faults, so could not be driven) with one outside my mechanics garage on that road awaiting repair and the other in a private parking space.

 

Both vehicles came without V5's, so I sent off at the same time a cheque for both with the forms V62 & V890 to SORN them in the post (only way you can do it without the V5's apparently). Both vehicles were then spotted as untaxed and lifted on the 10th December 6 days later.

 

To get them released out of the impound I didn't argue or appeal as that would have just racked up more storage fees each day and in between the owner lcoated the aforementioned V5's amongst his paperwork and posted them onto me, too late then of course!!

 

So, I am in court for having an unsorned vehicle on a public highway this Tuesday morning. I appealed the initial fine stating that the two relevant forms were sent off and this was rejected.

 

Surely there must be a reasonable time to get a SORN in to them. Also, they have never provided proof that they received my documents either or acknowledged them. Is it best to just plead guilty with mitigating circumstances?

[BRIGADIER2JCS]

Even if SORN the vehicle must not be on the public road i.e., Stored Off Road.

[Stigman]

Deleted Comment

 

(I Re-Read this time slowly & Correctly)

 

Stigman

Edited August 6, 2014 by Stigman
Because I am old (41, Married with kids & dog) & therefore it happens lol

[bootedup]

You are quite right Brigadier, but both vehicles were not on a public highway/public road. One was in a private parking space and the other outside my mechanics garage, which I have since discovered is a private road and not owned by the council!

 

Anyway, I prepared my defense, pleaded not guilty and as the DVLA didn't have enough evidence, they have adjourned the case until September. We shall see what happens then I guess.

[Raykay]

What is the offence on the summons? It won't be 'having an unsorned vehicle on a public highway'.

[CrappoMan]

Were both vehicles insured ?

[bootedup]

What is the offence on the summons? It won't be 'having an unsorned vehicle on a public highway'.

 
It was for an unlicensed vehicle on the public highway in this instance and both were uninsured!!

[CrappoMan]

As you are being summonsed for keeping a vehicle on the public highway, you need to ascertain that they were indeed being stored 'off road' (a place not maintained at public expense). The local council highways dept should be able to tell you the status of the place the vehicles were stored.

 

If you have the evidence that backs up your claim, you can plead not guilty, and then go after someone for your towing and storage fees.

 

Beware that the agents who lifted the cars will no doubt claim they were in a different place, which will probably not be classed as 'off road' so having a photo of the cars in the place they were being stored would be ideal evidence that they were in the place you say they were.

 

If both vehicles were being stored 'off road', their insurance status is irrelevant.

[Raykay]

 

 

It was for an unlicensed vehicle on the public highway in this instance

 

 

 

Are you sure it is 'public highway' and not 'public road'. You may not need a licence for a vehicle on a public highway, but you do if it is on a public road.

A public highway can be a private road etc. where there is a public right of way, a public road is a road repairable at public expense.

[bootedup]

So, the adjourned case has now had the status changed to charge withdrawn by the DVLA for both vehicles as notified via the post today.

 

The question is, do I now go after the official DVLA clampers or just leave it be?

[CrappoMan]

If you've had to pay to get your vehicles back, you go after the clampers/dvla to get your money back.

 

The withdrawal of the charge implies they were in the wrong to lift your vehicles. They will no doubt argue that you were still guilty of the offences, but stick to your guns.

[bootedup]

If you've had to pay to get your vehicles back, you go after the clampers/dvla to get your money back.

 

The withdrawal of the charge implies they were in the wrong to lift your vehicles. They will no doubt argue that you were still guilty of the offences, but stick to your guns.

 

Well in that case, I think I might as well go after them as I did have to pay and quite a bit to get my cars back as well. I just need to find some sort of template now or somebody else who has managed a success with this.