Untaxed Vehicle / DVLA
Discussion
Yes, it's another DVLA/SORN topic.
I've just received a "Untaxed vehicle" notice on a car I have in one of the allocated parking spaces for my flat. The vehicle is SORN'd, so I'm guessing that the DVLA enforcement people have decided that being near a road if close enough...
I have confirmed with my local council that as long as it is parked in my space it is not considered to be on the highway, however the DVLA inform me they have no mechanism of logging this preventing further enforcement.
Does anyone know what is likely to happen next? From what I understand I will likely end up with a fine that I'll have to appeal, or the enforcement team will be back with a wheel clamp or lowloader to take the vehicle away. Is there any way of preventing this happening (except taxing the car!)
I've just received a "Untaxed vehicle" notice on a car I have in one of the allocated parking spaces for my flat. The vehicle is SORN'd, so I'm guessing that the DVLA enforcement people have decided that being near a road if close enough...
I have confirmed with my local council that as long as it is parked in my space it is not considered to be on the highway, however the DVLA inform me they have no mechanism of logging this preventing further enforcement.
Does anyone know what is likely to happen next? From what I understand I will likely end up with a fine that I'll have to appeal, or the enforcement team will be back with a wheel clamp or lowloader to take the vehicle away. Is there any way of preventing this happening (except taxing the car!)
The Government website says..."Make a SORN (Statutory Off Road Notification) if you don't use or keep your vehicle on a public road, eg you keep it in a garage, on a drive or on private land."
An allocated parking space must be "private land" in anybody's language, including the DVLA's.
If you are the freeholder, you own the land; if you're the leaseholder, you lease the land; if you're a tenant you rent the land. What's not "private land" in any of that?
Edited to add: send them a copy of your freehold/lease/tenancy agreement and tell them to stop being so stupid [in the politest possible way, of course]
An allocated parking space must be "private land" in anybody's language, including the DVLA's.
If you are the freeholder, you own the land; if you're the leaseholder, you lease the land; if you're a tenant you rent the land. What's not "private land" in any of that?
Edited to add: send them a copy of your freehold/lease/tenancy agreement and tell them to stop being so stupid [in the politest possible way, of course]
Edited by johnao on Monday 20th October 15:38
johnao said:
The Government website says..."Make a SORN (Statutory Off Road Notification) if you don't use or keep your vehicle on a public road, eg you keep it in a garage, on a drive or on private land."
An allocated parking space must be "private land" in anybody's language, including the DVLA's.
If you are the freeholder, you own the land; if you're the leaseholder, you lease the land; if you're a tenant you rent the land. What's not "private land" in any of that?
Yep, it's a marked space with my flat number on it - pretty obvious its not the road to most people.An allocated parking space must be "private land" in anybody's language, including the DVLA's.
If you are the freeholder, you own the land; if you're the leaseholder, you lease the land; if you're a tenant you rent the land. What's not "private land" in any of that?
And to the previous poster, no they can't add a flag to the reg, and yes they are pretty useless.
Breadvan72 said:
The question is whether the car is on a "road repairable at the public expense". Is your space in a dedicated car park?
It's dedicated parking for the flats, and specifically called out on the deeds. I've spoken to the highways department at the council who have said that as far as they are concerned its a private space and nothing to do with them. They are confirming this in writing for me.Breadvan72 said:
I am therefore assuming that the space is not on a road*. You could write to the DVLA to assert this fact, and maybe stick a notice on the car to that effect.
* Although you haven't made this 100% clear.
Yep, its off the road. I was planning to stick a copy of the councils confirmation in the car when it arrives.* Although you haven't made this 100% clear.
Pic below for clarity:
ohtari said:
I've had an untaxed RX8 sitting on my driveway since the middle of July (no engine). I only got around to SORNing it a couple of weeks ago, and got the acknowledgement through today.
Living in the arse end of nowhere has its perks from time to time...
So what makes you think they won't come after you for the un-sorn'd period Living in the arse end of nowhere has its perks from time to time...
You've been under the radar and now effectively they been made aware by a declaration
egomeister said:
Breadvan72 said:
I am therefore assuming that the space is not on a road*. You could write to the DVLA to assert this fact, and maybe stick a notice on the car to that effect.
* Although you haven't made this 100% clear.
Yep, its off the road. I was planning to stick a copy of the councils confirmation in the car when it arrives.* Although you haven't made this 100% clear.
Pic below for clarity:
Their definition of 'curtilage' and 'dwelling place' may be somewhat at odds with yours.
The sting is in the words 'other public place'. This is much wider than 'road'.
http://www.legislation.gov.uk/uksi/2011/1120/conte...
Note that any marking in the parking space is not of itself conclusive.
You need to be particularly careful if your flat is leased from a Housing Association.
Red Devil said:
It's not the DVLA you need to worry about. It's their trigger happy sub-contractor goons NSL.
Their definition of 'curtilage' and 'dwelling place' may be somewhat at odds with yours.
The sting is in the words 'other public place'. This is much wider than 'road'.
http://www.legislation.gov.uk/uksi/2011/1120/conte...
Note that any marking in the parking space is not of itself conclusive.
You need to be particularly careful if your flat is leased from a Housing Association.
Indeed, I get the impression that these contractors operate on the same guilty until proven innocent basis as TV licensing.Their definition of 'curtilage' and 'dwelling place' may be somewhat at odds with yours.
The sting is in the words 'other public place'. This is much wider than 'road'.
http://www.legislation.gov.uk/uksi/2011/1120/conte...
Note that any marking in the parking space is not of itself conclusive.
You need to be particularly careful if your flat is leased from a Housing Association.
The spaces are called out on the deeds for the property - surely this makes it no different to a driveway? I appreciate that visually its a different proposition, but fundamentally the principles behind it should be the same?
The flat is leasehold but the land owner is private, not a Housing Association.
Red Devil said:
[
It's not the DVLA you need to worry about. It's their trigger happy sub-contractor goons NSL.Their definition of 'curtilage' and 'dwelling place' may be somewhat at odds with yours.
The sting is in the words 'other public place'. This is much wider than 'road'.
http://www.legislation.gov.uk/uksi/2011/1120/conte...
Note that any marking in the parking space is not of itself conclusive.
You need to be particularly careful if your flat is leased from a Housing Association.
Thread update time!
A letter has arrived from the DVLA this morning... pay £107 to settle or we'll take you to court.
Looking at the letter it's very vague what should be done if you wish to challenge the allegation (guilt is presumed!). Unfortunately you don't seem to be able to call a human using the number provided.
I'd assume that as I wish to challenge the offence, I reply to the letter with my "relevant information/supporting documents" and without a cheque for the fine (sorry, I mean out of court settlement). Does anyone know if this would close the door to their settlement offer, and require me to go to court to argue my case or would the info be appraised by the DVLA and the offer still stand if they rejected it?
A letter has arrived from the DVLA this morning... pay £107 to settle or we'll take you to court.
Looking at the letter it's very vague what should be done if you wish to challenge the allegation (guilt is presumed!). Unfortunately you don't seem to be able to call a human using the number provided.
I'd assume that as I wish to challenge the offence, I reply to the letter with my "relevant information/supporting documents" and without a cheque for the fine (sorry, I mean out of court settlement). Does anyone know if this would close the door to their settlement offer, and require me to go to court to argue my case or would the info be appraised by the DVLA and the offer still stand if they rejected it?
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