Fine for driving while SORN - options?

[Mario149]

To be fair, if they had that much info on me, i'd be rather concerned!

Just because you're paranoid doesn't mean they're not watching....!

[vsonix]

Mario149 said:

soupdragon1 said:

Take a quick snap of the mileage too. The mileage recorded at MOT and current mileage will only show a small discrepancy, further supporting your case that you haven't been taking the mick.

Unfortunately it's done about 400 miles since the MoT as I was at Bedford on Monday, weather as nice and the GT circuit is over 4 miles long....and I live about 100 miles from there

Irrelevant anyway - you're allowed to drive a SORNed car to test and the garage that did the test will have the test on file, timestamped. As long as it's the same day or at a pinch, the evening before the test is booked, you're fine.
The best thing to do to cover yourself in this kind of situation is to make sure you you book the MOT in so if you get stopped on the way there the tester will back you up.

[simoid]

vsonix said:

Irrelevant anyway - you're allowed to drive a SORNed car to test and the garage that did the test will have the test on file, timestamped. As long as it's the same day or at a pinch, the evening before the test is booked, you're fine.
The best thing to do to cover yourself in this kind of situation is to make sure you you book the MOT in so if you get stopped on the way there the tester will back you up.

Yes - I believe the MoT test has to be pre booked.

Otherwise anyone without an MoT has a cast iron excuse

[Ed/L152]

4rephill said:

TooMany2cvs said:

Byker28i said:

You can't tax it without a valid MOT either! WTF - DVLA taking the piss?

It's not hard.

You take it for an MOT, untaxed. Legal.
You bring it back from the MOT, untaxed. Legal.
You tax it, then you use it.

Same as it's always been.

Except the OP MOTd it one day, drove it untaxed the next day (legal, but it's going to need some more backing-up). He had opportunity to tax it, but forgot, but does have that exemption.

Exactly! - The DVLA have actually made it as simple as possible to get a vehicle MOT'd in order to then get it taxed, by allowing the vehicle to be driven to and from the MOT without it being taxed at the time.

They could have been a complete pain in the arse and said that the vehicle must be recovered to and from the MOT, and cannot be driven there and back without tax under any circumstances.

As for the OP's case:

The DVLA have no way of knowing that Mario149 isn't just taking the pi$$ and driving his car without tax deliberately.

Exactly. So a more appropriate response from the DVLA would be to write to the OP explaining the situation and to request the details of any exception. OP produces evidence, no fine issued, or if OP can't produce evidence of exception, the fine is issued.

Why shouldn't there be a presumption of innocence?

[Cold]

Ed/L152 said:

Why shouldn't there be a presumption of innocence?

Because motorist.

[TooMany2cvs]

Ed/L152 said:

Exactly. So a more appropriate response from the DVLA would be to write to the OP explaining the situation and to request the details of any exception. OP produces evidence, no fine issued, or if OP can't produce evidence of exception, the fine is issued.

Why shouldn't there be a presumption of innocence?

Because they have proof that an offence was committed, for which the RK is responsible. It's just that there are statutory defences to that offence, one of which applies here, and they are inviting the OP to explain if that applies - or to agree and pay - or to ask for a court date instead.

[Mario149]

What I think is out of order personally is that they don't provide any info on what the defences are in the letter with the fine. There's a number you can call but it's automated, provides none of that info, and you can't speak to a real person.

I'm lucky enough that I can come here or have a Google, but if it had been my 76 yr old mum, she'd have just paid the fine and be £280 down .

Edited by Mario149 on Monday 4th June 10:16

[simoid]

TooMany2cvs said:

Ed/L152 said:

Exactly. So a more appropriate response from the DVLA would be to write to the OP explaining the situation and to request the details of any exception. OP produces evidence, no fine issued, or if OP can't produce evidence of exception, the fine is issued.

Why shouldn't there be a presumption of innocence?

Because they have proof that an offence was committed, for which the RK is responsible. It's just that there are statutory defences to that offence, one of which applies here, and they are inviting the OP to explain if that applies - or to agree and pay - or to ask for a court date instead.

Is that the correct logic there?

An offence is committed even if there is a relevant statutory defence.

[anonymous-user]

Assuming they have the mot date and you can demonstrate you taxed it the day you got it home then you'll be fine.

If however you didn't tax it for a week then you may be on more dodgy ground

[silentbrown]

If you paid for the MOT with a card your invoice/receipt should be reasonable evidence of when you collected the car.

[BertBert]

keirik said:

Assuming they have the mot date and you can demonstrate you taxed it the day you got it home then you'll be fine.

If however you didn't tax it for a week then you may be on more dodgy ground

Why? You can take your car to an an MoT and back when it is sorned. When you then decide to tax it has no relevance whatsoever.

[Mario149]

UPDATE

I sent a letter off explaining a week or so ago, and just got a letter through from DVLA saying no further action will be taken, so looks like all has come good

[motco]

keirik said:

Assuming they have the mot date and you can demonstrate you taxed it the day you got it home then you'll be fine.

If however you didn't tax it for a week then you may be on more dodgy ground

My Westfield is permanently SORNed but I have a few times booked an MoT, driven there and back, and put it back in the garage. It is insured, and as far as I'm aware I am not obliged to tax it as long as the only road use it has is the return trip to a pre-booked MoT test. It gives it a run, reassures me of its road-worthiness.

[EU_Foreigner]

motco said:

My Westfield is permanently SORNed but I have a few times booked an MoT, driven there and back, and put it back in the garage. It is insured, and as far as I'm aware I am not obliged to tax it as long as the only road use it has is the return trip to a pre-booked MoT test. It gives it a run, reassures me of its road-worthiness.

.... and your MOT station is on the other side of the country

[The Mad Monk]

motco said:

My Westfield is permanently SORNed but I have a few times booked an MoT, driven there and back, and put it back in the garage. It is insured, and as far as I'm aware I am not obliged to tax it as long as the only road use it has is the return trip to a pre-booked MoT test. It gives it a run, reassures me of its road-worthiness.

Why don't you sell it?

[motco]

The Mad Monk said:

motco said:

My Westfield is permanently SORNed but I have a few times booked an MoT, driven there and back, and put it back in the garage. It is insured, and as far as I'm aware I am not obliged to tax it as long as the only road use it has is the return trip to a pre-booked MoT test. It gives it a run, reassures me of its road-worthiness.

Why don't you sell it?

Because it's a track day car, costs next to nothing to insure, and the money I paid for it was back in 2003.