Discussion
just a small rant.
on Friday I move my car onto the road ready to take to its mot.
leave it on the road for 10 mins whilst i nip in to get the things ready for its mot. mot passed and get the tax on the saturday. to day recived letter from dvla saying my car was paked on road on friday at 9.55 when it is declared sorn. please pay a fine of £201 else it can go up to £2500.
Suppose i will have to pay as it was on the road unattended for 15 mins before it went for its MOT.
on the plus side because i register it etc they know i will pay the fine.
on Friday I move my car onto the road ready to take to its mot.
leave it on the road for 10 mins whilst i nip in to get the things ready for its mot. mot passed and get the tax on the saturday. to day recived letter from dvla saying my car was paked on road on friday at 9.55 when it is declared sorn. please pay a fine of £201 else it can go up to £2500.
Suppose i will have to pay as it was on the road unattended for 15 mins before it went for its MOT.
on the plus side because i register it etc they know i will pay the fine.
You don't need an MoT if you are going between your house to the garage, however it must be a prearranged appointment.
If it has been sworn sorn then I don't know if you have to 'unsorn' it or even if that's possible or relevent.
I'd be in touch as soon as possible with them and explain the circumstances.
If it has been sworn sorn then I don't know if you have to 'unsorn' it or even if that's possible or relevent.
I'd be in touch as soon as possible with them and explain the circumstances.
From the dim and distant past, I recall reading the following, posted by an ex traffic officer (met I think?) who is a Triumph fan:
http://www.tssc2.org.uk/messageboard.asp?board=leg...
HTH.
http://www.tssc2.org.uk/messageboard.asp?board=leg...
HTH.
Unless I have missed something the only time DVLA can institute a supplement off its own bat is:
Supplement payable on late renewal of vehicle licence
The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2003, where
(a) a vehicle licence taken out for a vehicle expires,
(b) no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and
(c) the registered keeper has failed to comply with requirements contained in Schedule 4.(SORN)
The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.
The only way I can see that they can come up with the amount stated £200 plus is for proceedings to be taken before a Magistrates Court for using without an Excise Licence and fine and back duty imposed.
Whilst it would seem possible for proceedings to be taken before Mags Court for failing to declare SORN. the power being under Reg 26 RV (Reg and Lic) Regs 2002 and 4th Schedule, the Regs do not impose an offence clause so one has to go to the parent Act, Vehicles Excise & Registration Act 1994 Sect 59 which makews the offence of failing to comply with Regs made under Act. Again fine from proceedings before a Mags Court not imposed by DVLA. Yet to hear of anyone up before a Court just for non declaration of SORN. They want you to SORN so that they can do the monthly weedout of vehicles no Licence/no Sorn so that can impose themselves the £80 supplement as mentioned above.
Has the initial poster given us all the facts?
dvd
Supplement payable on late renewal of vehicle licence
The Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2003, where
(a) a vehicle licence taken out for a vehicle expires,
(b) no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and
(c) the registered keeper has failed to comply with requirements contained in Schedule 4.(SORN)
The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.
The only way I can see that they can come up with the amount stated £200 plus is for proceedings to be taken before a Magistrates Court for using without an Excise Licence and fine and back duty imposed.
Whilst it would seem possible for proceedings to be taken before Mags Court for failing to declare SORN. the power being under Reg 26 RV (Reg and Lic) Regs 2002 and 4th Schedule, the Regs do not impose an offence clause so one has to go to the parent Act, Vehicles Excise & Registration Act 1994 Sect 59 which makews the offence of failing to comply with Regs made under Act. Again fine from proceedings before a Mags Court not imposed by DVLA. Yet to hear of anyone up before a Court just for non declaration of SORN. They want you to SORN so that they can do the monthly weedout of vehicles no Licence/no Sorn so that can impose themselves the £80 supplement as mentioned above.
Has the initial poster given us all the facts?
dvd
If the MOT is pre-arranged you are allowed to drive between your house & testing station while SORN is declared. ( cos you cannot undeclare it until you buy a taxdisc which requires the MOT ). You can also ( as long as it is pre arranged ) drive between your house and the garage where work will be done in relation to the MOT, and between your house and the nearest DVLA testing centre if you need to be tested there ( not a routine MOT obviously ).
If it was pre booked, and the garage was reasonably local ( i.e. not the end of the country ) then I would write back including something from the garage showing it was booked in for a pre arranged test only an hour after they spotted it.
By the way, that sounds very unlucky, did a traffic warden or someone walk past, or did a "freind" decide it was his public duty to inform the police?
Remember, you can always be done for driving an unroadworthy vehical whether or not you are on your way to or from an MOT station or garage etc ( or even if you do have an MOT for that matter )
If it was pre booked, and the garage was reasonably local ( i.e. not the end of the country ) then I would write back including something from the garage showing it was booked in for a pre arranged test only an hour after they spotted it.
By the way, that sounds very unlucky, did a traffic warden or someone walk past, or did a "freind" decide it was his public duty to inform the police?
Remember, you can always be done for driving an unroadworthy vehical whether or not you are on your way to or from an MOT station or garage etc ( or even if you do have an MOT for that matter )
Have a read of Secretary of State For Transport v Frederick Richards (1997)..
Edited by SS2. on Wednesday 8th August 21:36
i got stopped many years ago in a car with no tax or mot. explained it to the police with a photocopy of the garage's diary showing i was booked in for an mot. the no mot charge was dropped however the dvla still took me to court for no tax. i produced the same photocopy & told them that once it passed the mot (it failed that day) i did tax it before i used it on the road & the case was dropped.
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