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nagsheadwarrior

Original Poster:

924 posts

48 months

[news] 
Thursday 6th September 2012 quote quote all
Yesterday I got pulled on the M6 for having no tax even though the car I was in is taxed until October, I bought the car in June with the disc on it.

The plod said the car had been sorned in June so the disc must be fake, I have contacted the previous owner who confirmed he did sorn the car in June but didnt return the disc as he was selling the car.

I thought you had to return the disc to sorn a taxed car otherwise how the heck is an innocent buyer like me supposed to know that the car hes bought with a tax disc in the window is actually sorned?

As it is Im facing a hefty fine for this so Im off to the dvla in the morning but any advice is much appreciated.

Spanna

1,489 posts

45 months

[news] 
Thursday 6th September 2012 quote quote all
bd of a seller. Is there a database to check if a vehicle is taxed or SORN'd?

I recently bought a bike with tax on till November, this thread has made me want to check. If a seller keeps the SORN notice away from you and there's a current disc in the holder, how are you supposed to know?

S1_RS

643 posts

68 months

[news] 
Thursday 6th September 2012 quote quote all
SORN is only relevant to the person who made it, if the vehicle has changed hands then the SORN no longer applies. Have you had the V5 back in your name?

CoolHands

1,825 posts

64 months

[news] 
Thursday 6th September 2012 quote quote all
do a vehicle enquiry on the dvla site.

The Black Flash

4,257 posts

67 months

[news] 
Thursday 6th September 2012 quote quote all
surely doesn't matter, if the disc hasn't been returned, it's still taxed...surely?
Once again, the system makes it hard for people to do the right thing.
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Puddenchucker

1,959 posts

87 months

[news] 
Thursday 6th September 2012 quote quote all
nagsheadwarrior said:
...otherwise how the heck is an innocent buyer like me supposed to know that the car hes bought with a tax disc in the window is actually sorned?
Tax Disc Enquiry

solo2

104 posts

16 months

[news] 
Thursday 6th September 2012 quote quote all
You can SORN a car without returning the tax disc.

I SORN'd my historic vehicle a month after getting a new 12 month disc. Seeing as Historic car discs are free there was no reason to return it. Two months later I re-insured the car, rang the DVLA who removed the SORN marker from my car, and sent a letter confirming as such in the post.


D_G

1,412 posts

78 months

[news] 
Thursday 6th September 2012 quote quote all

I'd go in to DVLA with the disc, ask them to clarify who and when the SORN was declared. If it was done online then the change of keeper and SORN date should align, it might give you a fighting chance of proving it was the previous keeper.

Pretty stty thing to do.

Engineer1

7,174 posts

78 months

[news] 
Thursday 6th September 2012 quote quote all
Sorn cancels the tax, the disc is just a piece of paper that can be refunded if the owner chooses to. Just because there is a disc on it doesn't mean it is taxed.

Mandat

1,026 posts

107 months

[news] 
Thursday 6th September 2012 quote quote all
Engineer1 said:
Sorn cancels the tax, the disc is just a piece of paper that can be refunded if the owner chooses to. Just because there is a disc on it doesn't mean it is taxed.
But if a refund has not been claimed or issued, does the tax disc not remain valid, on the basis that the tax due has been paid?

nagsheadwarrior

Original Poster:

924 posts

48 months

[news] 
Thursday 6th September 2012 quote quote all
Thanks for the answers chaps,sadly looks like i might be shafted but will go in and
Plead my case at the dvla in the morning.
The sorn form states you can only use it to sorn untaxed or tax ending vehicles and u have to use the tax reclaim form to sorn a taxed car but it sounds like thst might not be the case.

The system doesnt make much sense to me and i work in the motor trade!

In the sellers defence i think he sorned it as he had swapped insurance to his new car and thought wrongly that the tax disc is still valid.

I'll post on here tomorrow to say how things end up.

B16JUS

2,315 posts

106 months

[news] 
Thursday 6th September 2012 quote quote all
I would agree with others i would have thought a sorn car with tax still has a valid tax disc so once sorn removed just insure and drive

BertBert

7,051 posts

80 months

[news] 
Friday 7th September 2012 quote quote all
This was the subject of a pretty long debate on here a while back about what happened when sorning a taxed car and not returning the tax disk. From memory, the debate was supposing that the statute did not say the tax ceased, but that DVLA made up the law to say you had to return the tax disk.

Anyone got a better recollection of the debate?

Bert

KevinA4quattro

6,076 posts

149 months

[news] 
Friday 7th September 2012 quote quote all
Bert, the SORN requirements in the law require a return of the tax disk if the car is currently taxed. Failure to return means you have not complied with the SORN requirement. However DVLA do not chase the return (presumably because they would then need to refund the outstanding amount).

I would suggest that the requirement to return the disk could well be interpreted in court that declaring SORN invalidates the taxed status of the vehicle.

Alternatively you could interpret it as saying that the SORN application has not been met, therefore the car is still taxed.........

BertBert

7,051 posts

80 months

[news] 
Friday 7th September 2012 quote quote all
KevinA4quattro said:
Bert, the SORN requirements in the law require a return of the tax disk if the car is currently taxed.
That was the debate. That DVLA said you needed to, but the law didn't. Again from memory this truned around the fact that the drafting of the need to Sorn for no insurance was effectively "bolted on" to the existing Sorn legislation.
Bert

BertBert

7,051 posts

80 months

[news] 
Friday 7th September 2012 quote quote all

3Dee

2,540 posts

90 months

[news] 
Friday 7th September 2012 quote quote all
Yes - I agree it is totally unreasonable and rediculous to expect a purchaser to 'know' as if by magic, that the original owner had sorned but not returned the disk, and elected NOT to tell the purchaser. It is likely more than not that when purchasing a vehicle like this you would at least ask if the tax comes with the purchase, as sellers can and do redeem. Otherwise it is a legitimate assumption that the tax comes with the car.

So, the fault lies with the system and not the purchaser, both morally and I suspect legally if he took it all the way in court, and I for one, given the same situation, would take it all the way in the hope it would give the DVLA or the purchaser a 'bloody nose' or at least negative publicity. If it failed? Well your going to get dinged anyway....

devnull

591 posts

26 months

[news] 
Friday 7th September 2012 quote quote all
That said, would it have not been prudent to check the tax status when you bough the car? When I was looking for an MX5 earlier in the year, well over half of the sellers i came across were intent on getting the tax refunded without telling me - i specifically asked.

LeoSayer

4,345 posts

113 months

[news] 
Friday 7th September 2012 quote quote all
devnull said:
That said, would it have not been prudent to check the tax status when you bough the car? When I was looking for an MX5 earlier in the year, well over half of the sellers i came across were intent on getting the tax refunded without telling me - i specifically asked.
I normally check the tax status by looking at the tax disc when the car is handed over.

I never once considered that it could be sorned AND have a (now invalid) tax disc. If I was the OP I'd be fighting this.

KevinA4quattro

6,076 posts

149 months

[news] 
Friday 7th September 2012 quote quote all
BertBert said:
That was the debate. That DVLA said you needed to, but the law didn't. Again from memory this truned around the fact that the drafting of the need to Sorn for no insurance was effectively "bolted on" to the existing Sorn legislation.
Bert
Sorry Bert, you are wrong. The following is a direct quote from STATUTORY INSTRUMENTS 2002 No. 2742 ROAD TRAFFIC The Road Vehicles (Registrationand Licensing) Regulations 2002

Statutory off-road notification
26.Schedule 4 shall have effect for the purpose of prescribing, the particulars to be furnished and the declarations to be made, and the times at which and the circumstances and manner in which they are to be made, by a person who—
(a)
surrenders a vehicle licence;
(b)
does not renew a vehicle licence on its expiration; or
(c)
keeps an unlicensed vehicle.

There in section (a) you can see quite clearly that any existing tax disk must be surrendered to comply with the law. Section (b) deals with non-renewal on expiry and section (c) is where it is already unlicensed.
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