Car parked on road while in SORN
Discussion
Hi chaps, don't post in this forum too often, but would be very grateful for a little advice.
I've received a court summons because a BiB spotted my car parked by the side of the road back in November.
Story is basically, the Tiv failed its MoT back in September, so for the sake of time and money I filled in a SORN and left it in a car park near mum’s house. To set the picture, we live in a sleepy little village on the West Coast of Wales, where everyone knows everyone (including the coppers) and you can leave your doors open cars unlocked!
Anyhow, one evening in November a mate and I pushed the Tiv out of the car park and onto the road so that it could be loaded onto a lorry and taken to a garage to eventually get fixed by me. By the way, it was pushed onto the road because the lorry couldn't fit into the car park to load the car because of other cars parked, also it's on a nasty hill!
So basically the car was only on the road for a few hours while I waited for my mate’s lorry to take her away, but during that time a bored copper doing his rounds obviously clocked it and wrote a ticket. First I heard of it was the court summons I received a few weeks back.
Now I can either....
1) Plead guilty and it be dealt with in my absence and accept the prosecutors fine (max £2500)
2) Appear at court, plead guilty and try and reduce the fine
3) plead not guilty.
In any case I'm allowed to send off a sheet explaining mitigating circumstances should I wish.
Also I have to send off details of my income etc (which could be complicated in itself as I'm self employed!)
Obviously I have to plead guilty as there is no disputing the fact that the car was parked on a public road.
So there is my current predicament, I've a couple of days to send the summons papers back with my answer. If anyone has any advice it would be greatly appreciated.
Many thanks, Dan
I've received a court summons because a BiB spotted my car parked by the side of the road back in November.
Story is basically, the Tiv failed its MoT back in September, so for the sake of time and money I filled in a SORN and left it in a car park near mum’s house. To set the picture, we live in a sleepy little village on the West Coast of Wales, where everyone knows everyone (including the coppers) and you can leave your doors open cars unlocked!
Anyhow, one evening in November a mate and I pushed the Tiv out of the car park and onto the road so that it could be loaded onto a lorry and taken to a garage to eventually get fixed by me. By the way, it was pushed onto the road because the lorry couldn't fit into the car park to load the car because of other cars parked, also it's on a nasty hill!
So basically the car was only on the road for a few hours while I waited for my mate’s lorry to take her away, but during that time a bored copper doing his rounds obviously clocked it and wrote a ticket. First I heard of it was the court summons I received a few weeks back.
Now I can either....
1) Plead guilty and it be dealt with in my absence and accept the prosecutors fine (max £2500)
2) Appear at court, plead guilty and try and reduce the fine
3) plead not guilty.
In any case I'm allowed to send off a sheet explaining mitigating circumstances should I wish.
Also I have to send off details of my income etc (which could be complicated in itself as I'm self employed!)
Obviously I have to plead guilty as there is no disputing the fact that the car was parked on a public road.
So there is my current predicament, I've a couple of days to send the summons papers back with my answer. If anyone has any advice it would be greatly appreciated.
Many thanks, Dan
_dan_ said:
Hi chaps, don't post in this forum too often, but would be very grateful for a little advice.
I've received a court summons because a BiB spotted my car parked by the side of the road back in November.
Story is basically, the Tiv failed its MoT back in September, so for the sake of time and money I filled in a SORN and left it in a car park near mum’s house. To set the picture, we live in a sleepy little village on the West Coast of Wales, where everyone knows everyone (including the coppers) and you can leave your doors open cars unlocked!
Anyhow, one evening in November a mate and I pushed the Tiv out of the car park and onto the road so that it could be loaded onto a lorry and taken to a garage to eventually get fixed by me. By the way, it was pushed onto the road because the lorry couldn't fit into the car park to load the car because of other cars parked, also it's on a nasty hill!
So basically the car was only on the road for a few hours while I waited for my mate’s lorry to take her away, but during that time a bored copper doing his rounds obviously clocked it and wrote a ticket. First I heard of it was the court summons I received a few weeks back.
Now I can either....
1) Plead guilty and it be dealt with in my absence and accept the prosecutors fine (max £2500)
2) Appear at court, plead guilty and try and reduce the fine
3) plead not guilty.
In any case I'm allowed to send off a sheet explaining mitigating circumstances should I wish.
Also I have to send off details of my income etc (which could be complicated in itself as I'm self employed!)
Obviously I have to plead guilty as there is no disputing the fact that the car was parked on a public road.
So there is my current predicament, I've a couple of days to send the summons papers back with my answer. If anyone has any advice it would be greatly appreciated.
Many thanks, Dan
Dan, Just tell them how it was, be honest, always worth a try, get you mate with the lorry to verify the event, lets face it, even if you had pushed it straight from the car park to the road and lorry, technically it was still ON THE ROAD, would you had got a ticket then as it went from car park to lorry, guess not, and I cant see any way round that situation, the fact it was there a little longer! Good luck Dan.
P.S. Is a car park considerd OFF THE ROAD? just wondered.
vipers said:
P.S. Is a car park considerd OFF THE ROAD? just wondered.
Thought someone might ask that!! Probably wasn't strictly legal to be in the car park in the first place, but had a car cover on it, and like I said, such a small little town/village (about 800 people), no-one really cares. Only generally only get hassle from the law from "outsider" BiB!!! (You can almost hear those banjos twanging!!
) Back to the subject in hand, the truth does seem like the best course really. I'm sure I'll get a fine of some sort, but I'd imagine the £2500 bad boy fine is more for people that blatantly drive round all year with no tax. (fingers crossed ay!)
>> Edited by _dan_ on Monday 27th March 21:31
Anyhow, one evening in November a mate and I pushed the Tiv out of the car park and onto the road so that it could be loaded onto a lorry and taken to a garage to eventually get fixed by me.
What garage? private or commercial?? booked in??? If you can Prove to the court your reasons you may be looked upon favourably.
MoJo
What garage? private or commercial?? booked in??? If you can Prove to the court your reasons you may be looked upon favourably.
MoJo
Dan, best thing is to fess up and pay up. Get statements from the others involved and send them in with your paperwork. It'll probably be a fairly low fine.
Yes I have that T-shirt! Left my SORN'd Mini on the road as it was in the way when painting the fence round my drive, went off with SWMBO to the cinema and came back act about 22:30 to find the beak mooching around it. Explained situation but still got a ticket. Cost me about £40, but this was a few years ago.
Now live in a private road, got a tandem garage and parking for 5 cars in the drive, so no worries now!
Yes I have that T-shirt! Left my SORN'd Mini on the road as it was in the way when painting the fence round my drive, went off with SWMBO to the cinema and came back act about 22:30 to find the beak mooching around it. Explained situation but still got a ticket. Cost me about £40, but this was a few years ago.
Now live in a private road, got a tandem garage and parking for 5 cars in the drive, so no worries now!
Dan, best thing is to fess up and pay up. Get statements from the others involved and send them in with your paperwork. It'll probably be a fairly low fine.
Yes I have that T-shirt! Left my SORN'd Mini on the road as it was in the way when painting the fence round my drive, went off with SWMBO to the cinema and came back act about 22:30 to find the beak mooching around it. Explained situation but still got a ticket. Cost me about £40, but this was a few years ago.
Now live in a private road, got a tandem garage and parking for 5 cars in the drive, so no worries now!
Yes I have that T-shirt! Left my SORN'd Mini on the road as it was in the way when painting the fence round my drive, went off with SWMBO to the cinema and came back act about 22:30 to find the beak mooching around it. Explained situation but still got a ticket. Cost me about £40, but this was a few years ago.
Now live in a private road, got a tandem garage and parking for 5 cars in the drive, so no worries now!
If the charge is using a vehicle without an Excise Licence then it is DVLA that have brought the Prosecution and other than very exceptional grounds it is fess up time. At Court there will be
(1) a fine for the offence,
(2) back duty to be paid and
(3) a Prosecution fee to CPS.
You have two options.
Appear at Court, presumably pleading Guilty, and give your version of events and in particular to try and mitigate what they impose at (2) by showing vehicle only on the road for a short period. Nothing you can do re (1) (3).
Or put all your facts on paper and return with summons etc and thereby not attend Court and everything in the lap of the Gods.
I would suggest that you consider option 1 which could prove more fuitful.
dvd
(1) a fine for the offence,
(2) back duty to be paid and
(3) a Prosecution fee to CPS.
You have two options.
Appear at Court, presumably pleading Guilty, and give your version of events and in particular to try and mitigate what they impose at (2) by showing vehicle only on the road for a short period. Nothing you can do re (1) (3).
Or put all your facts on paper and return with summons etc and thereby not attend Court and everything in the lap of the Gods.
I would suggest that you consider option 1 which could prove more fuitful.
dvd
You could say that the car was on the way for an MOT. I got a ticket for my TVR when I was driving home from the garage after my MOT and popped into the post office to get the tax. I sent off a letter expalaining the details, and the matter was dropped. I didn't need to prove anything, the letter on its own was accepted. May be slightly different if you are in court though as to onus of proof, though if its your in-laws garage, I'm sure their books could easily reflect an MOT as being booked for your car around that time 
That way, no fine, as no offence committed, and no CPS prosecution fees either as it would be found in your favour.
>> Edited by petercam on Tuesday 28th March 11:16
>> Edited by petercam on Tuesday 28th March 11:17
That way, no fine, as no offence committed, and no CPS prosecution fees either as it would be found in your favour. >> Edited by petercam on Tuesday 28th March 11:16
>> Edited by petercam on Tuesday 28th March 11:17
_dan_ said:
Hi chaps, don't post in this forum too often, but would be very grateful for a little advice.
I've received a court summons because a BiB spotted my car parked by the side of the road back in November.
Story is basically, the Tiv failed its MoT back in September, so for the sake of time and money I filled in a SORN and left it in a car park near mum’s house. To set the picture, we live in a sleepy little village on the West Coast of Wales, where everyone knows everyone (including the coppers) and you can leave your doors open cars unlocked!
Anyhow, one evening in November a mate and I pushed the Tiv out of the car park and onto the road so that it could be loaded onto a lorry and taken to a garage to eventually get fixed by me. By the way, it was pushed onto the road because the lorry couldn't fit into the car park to load the car because of other cars parked, also it's on a nasty hill!
So basically the car was only on the road for a few hours while I waited for my mate’s lorry to take her away, but during that time a bored copper doing his rounds obviously clocked it and wrote a ticket. First I heard of it was the court summons I received a few weeks back.
Now I can either....
1) Plead guilty and it be dealt with in my absence and accept the prosecutors fine (max £2500)
2) Appear at court, plead guilty and try and reduce the fine
3) plead not guilty.
In any case I'm allowed to send off a sheet explaining mitigating circumstances should I wish.
Also I have to send off details of my income etc (which could be complicated in itself as I'm self employed!)
Obviously I have to plead guilty as there is no disputing the fact that the car was parked on a public road.
So there is my current predicament, I've a couple of days to send the summons papers back with my answer. If anyone has any advice it would be greatly appreciated.
Many thanks, Dan
I left a car on a main road without MOT or SORN for 4 months outside a garage before the BiB were informed by the garage themselves. I got a conviction, but a conditional discharge in a Scottish Sherrif's court. No points, no fine.
sean5302 said:
I suggest that you go to court and explain the situation.
It's a fact that you parked the vehicle on the road whilst have declared it, statutorily, off the road.
I'd expect you to be fined £80 and have to pay road fund licence fee back to the expiry date of your last tax disc. Would this be September?
Was the vehicle insured? I'd be careful if not, as that's a much more serious offence and you'd be liable for a heavier fine.
Car is insured yes. And the tax expired at the end of august I think.
I'm tempted to go to court and see what happens, thing is I have to go to Cardigan court (west Wales) and I live in Reading now, and work in London. Makes it a little awkward.
What also complicates things is that I just got a mate to help me move the car, no offical companies used!
I guess if I just explain as clearly as possible on paper, send off the admission of guilt with it and hope for the best.
be careful if you opt for court.. yes you may win the case, but when I got a tug for speeding, I had to go to Abergavenny.. ok, 8 miles from my parents house, but over 130 away from my home.
anyway, after the second full day wasted, sat with the local chavs and pissheads I finally saw the Magistrate. I explained this was my third visit and each time the case had been put back. my personal losses were over £500 in loss of earnings, parking, bridge tolls. she threw out the police request for costs. I was thinking of making an application for costs against the police, but that might have been taking things too far
anyway, after the second full day wasted, sat with the local chavs and pissheads I finally saw the Magistrate. I explained this was my third visit and each time the case had been put back. my personal losses were over £500 in loss of earnings, parking, bridge tolls. she threw out the police request for costs. I was thinking of making an application for costs against the police, but that might have been taking things too far
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff