How to unSORN ?

Author
Discussion

Noger

7,117 posts

249 months

Wednesday 22nd June 2011
quotequote all
"Welcome to the DVLA's Vehicle Licensing Online

I am sorry the service is currently unavailable due to essential maintenance. "

Probably fixing it already smile

But I don't think the other thread did show you could SORN anytime online, I could find no reference to the VED expiry.

Of course things could have changed, but last time I tried this it said it had to be 5th day of month of tax/SORN expiry.


Hooli

32,278 posts

200 months

Wednesday 22nd June 2011
quotequote all
saaby93 said:
What's not clear is how to unSORN when you still have the disc and take out insurance ready to unSORN
That's simple, you can't SORN it without returning the disc as everyone keeps saying.

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
Noger said:
saaby93 said:
Following on from this thread
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
showing how to SORN your car when the insurance runs out but hold onto your tax disc for next time

What do you do when you want to unSORN it?
Previously you'd want to retax so youd apply for new tax
If youve kept the tax, you take out short term insurance, is there an online unSORNing site?
Or is there an unSORNing form at the PO?
As previously discussed on here at length, you cannot SORN online unless the VED has run out, or is about to run out.

i.e. You can't buy 12 months tax today, and SORN it in a few weeks. It won't let you.
It does - done it already.. see other thread

Noger said:
The only option is to use the form, which says you must attach the VED and scribble "Nope, I am keeping it" in the appropriate place. And see what happens.
Using form the V14 form was my other option

Noger said:
My guess would it would not be a valid SORN, and thus you would be breaking CIE.
You've made a SORN declaration - how can that not be "valid"

Noger said:
Or they just shrug, update you as SORN, and let you buy another disk if you want. Knowing that if you just bung the "old" one back in you will ping ANPR. Plod do you for false tax disk.
Not a false VED disc is it..... Doesn't fall under any classification for fraudulent use or obtained by fraud - purchased paid for etc

Not looking for an arguement just discussion so thanks for all the inputs so far

Current looking thro the si relevant to this (and all the amendments - thats heavy going)

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
B'stard Child said:
Current looking thro the si relevant to this (and all the amendments - thats heavy going)
Where's Red Devil when you need him laugh He's the PH'r that showed me where all the legislation could be found

These statutory instruments have loads of ammendments over time!!!

Noger

7,117 posts

249 months

Wednesday 22nd June 2011
quotequote all
B'stard Child said:
It does - done it already.. see other thread
When did the tax run out ?

I tried it about a month ago (on a car taxed for 9 months), and it said no. Maybe things have changed ?

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
Noger said:
B'stard Child said:
It does - done it already.. see other thread
When did the tax run out ?

I tried it about a month ago (on a car taxed for 9 months), and it said no. Maybe things have changed ?
November 2011

Mind you - you've got me really intrigued - how did the computer say no"

saaby93

Original Poster:

32,038 posts

178 months

Wednesday 22nd June 2011
quotequote all
B'stard Child said:
Where's Red Devil when you need him laugh He's the PH'r that showed me where all the legislation could be found

These statutory instruments have loads of ammendments over time!!!
Ive posted it above
http://www.legislation.gov.uk/uksi/2002/2742/conte...
look at the 4th bit at the end

Noger

7,117 posts

249 months

Wednesday 22nd June 2011
quotequote all
B'stard Child said:
November 2011

Mind you - you've got me really intrigued - how did the computer say no"
I posted the message up on a SORN thread, but given saaby's propensity to start threads on SORN I may be some time finding it smile

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
saaby93 said:
B'stard Child said:
Where's Red Devil when you need him laugh He's the PH'r that showed me where all the legislation could be found

These statutory instruments have loads of ammendments over time!!!
Ive posted it above
http://www.legislation.gov.uk/uksi/2002/2742/conte...
look at the 4th bit at the end
Yeah that one I have - however - there are a lot of ammendments I still have to go through

Oh and how come it's a 2002 SI when pre sorn date is 1998??

Richard C

1,685 posts

257 months

Wednesday 22nd June 2011
quotequote all
B'stard Child said:
Noger said:
saaby93 said:
Following on from this thread
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
showing how to SORN your car when the insurance runs out but hold onto your tax disc for next time

What do you do when you want to unSORN it?
Previously you'd want to retax so youd apply for new tax
If youve kept the tax, you take out short term insurance, is there an online unSORNing site?
Or is there an unSORNing form at the PO?
As previously discussed on here at length, you cannot SORN online unless the VED has run out, or is about to run out.

i.e. You can't buy 12 months tax today, and SORN it in a few weeks. It won't let you.
It does - done it already.. see other thread

Noger said:
The only option is to use the form, which says you must attach the VED and scribble "Nope, I am keeping it" in the appropriate place. And see what happens.
Using form the V14 form was my other option

Noger said:
My guess would it would not be a valid SORN, and thus you would be breaking CIE.
You've made a SORN declaration - how can that not be "valid"

Noger said:
Or they just shrug, update you as SORN, and let you buy another disk if you want. Knowing that if you just bung the "old" one back in you will ping ANPR. Plod do you for false tax disk.
Not a false VED disc is it..... Doesn't fall under any classification for fraudulent use or obtained by fraud - purchased paid for etc

Not looking for an arguement just discussion so thanks for all the inputs so far

Current looking thro the si relevant to this (and all the amendments - thats heavy going)
My take on this is simple ( terms used relatively loosely without checking the acts, regs and wording smile)and looking to be corrected if case law or statute contradicts my assertions ) .
1 By declaring a car SORN one has told DVLA that one has made a statutory off road notification. That is all one legally needs to make it. It does not legally require DVLA to accept it or acknowldege it for a SORN to be valid. It helps to have DVLA's acknowledgement or a Special delivery receipt as they often lose documents and blame the sender and point to a failure to query their failure to acknowldege a SORN within a multi week window as some kind of proof of not having SORN'd the vehicle. This has no basis in law.
2 DVLA choose to make SORN valid for 12 months only, meaning that they have accepted your declaration for 12 months.
3 Before CI, DVLA presumably had some marker on their computer to identify which cars had declared a SORN within last 12 months. Presumably their code resets the marker at some time when it records a your paying VED by purchasing a tax disc. If the purchase fails to be recorded it will show the vehicle SORN'd. There is no obligation nor means for one That is DVLA's problem, not yours as there is no offence of driving, while under a SORN declaration, a car that is otherwise legally compliant.
5 Therefore there is no need other than courtesy to advise DVLA that one has withdrawn ones SORN declaration on account of having insured it.
6 A legally issued and paid for tax disk on ones windscreen endorsed with the Reg No of the car in question is valid - there is no legal concet of a tax disk becoming "in-valid"
4 Since CI, nothing has changed. It is now an offence to drive a car without there being a valid Cert Ins that nominates that car. A defence to this is a SORN in place. To overcome the lack of procedural framework and failure by the legal draftsmen to consider all the what ifs, DVLA have simply claimed that one should surrender the tax disk for a part refund if one declares SORN on a taxed vehicle. But they know that if you choose not to they have no leg to stand on and must accept it as B'stard Child has shown. So I guess driving around with a legally compliant car and a SORN on DVLA's computer will cause an untidyness with DVLA's database but....tough ! ...until DVLA get some sticking plaster in the form of an SI. So what can they do ? If they issue a refund running from the date of SORN then that might do it - but they lose money. If they force us to use another form to cancel SORN - it costs them money. And some of us will deliberately or accidentally not do that unless the new SI introduces even more stupid and unreasonable penalties for yet another annoying bureaucratic task.


saaby93

Original Poster:

32,038 posts

178 months

Wednesday 22nd June 2011
quotequote all
Richard C said:
........as there is no offence of driving, while under a SORN declaration, a car that is otherwise legally compliant....
a mate received a similar note from DVLA along the lines there may be issues with driving a vehicle while registered as SORN (you may be stopped) but as long as it has tax and insurance it's fine.

Whenever you retax it cancels the SORN so all you have to do is redeclare SORN before insurance lapses, but keep the tax for next time you want to insure and use the car
I think we've answered the thread smile

Edited by saaby93 on Wednesday 22 June 15:19

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
Richard C said:
My take on this is simple ( terms used relatively loosely without checking the acts, regs and wording smile)and looking to be corrected if case law or statute contradicts my assertions ) .
1 By declaring a car SORN one has told DVLA that one has made a statutory off road notification. That is all one legally needs to make it. It does not legally require DVLA to accept it or acknowldege it for a SORN to be valid. It helps to have DVLA's acknowledgement or a Special delivery receipt as they often lose documents and blame the sender and point to a failure to query their failure to acknowldege a SORN within a multi week window as some kind of proof of not having SORN'd the vehicle. This has no basis in law.
2 DVLA choose to make SORN valid for 12 months only, meaning that they have accepted your declaration for 12 months.
3 Before CI, DVLA presumably had some marker on their computer to identify which cars had declared a SORN within last 12 months. Presumably their code resets the marker at some time when it records a your paying VED by purchasing a tax disc. If the purchase fails to be recorded it will show the vehicle SORN'd. There is no obligation nor means for one That is DVLA's problem, not yours as there is no offence of driving, while under a SORN declaration, a car that is otherwise legally compliant.
5 Therefore there is no need other than courtesy to advise DVLA that one has withdrawn ones SORN declaration on account of having insured it.
6 A legally issued and paid for tax disk on ones windscreen endorsed with the Reg No of the car in question is valid - there is no legal concet of a tax disk becoming "in-valid"
4 Since CI, nothing has changed. It is now an offence to drive a car without there being a valid Cert Ins that nominates that car. A defence to this is a SORN in place. To overcome the lack of procedural framework and failure by the legal draftsmen to consider all the what ifs, DVLA have simply claimed that one should surrender the tax disk for a part refund if one declares SORN on a taxed vehicle. But they know that if you choose not to they have no leg to stand on and must accept it as B'stard Child has shown. So I guess driving around with a legally compliant car and a SORN on DVLA's computer will cause an untidyness with DVLA's database but....tough ! ...until DVLA get some sticking plaster in the form of an SI. So what can they do ? If they issue a refund running from the date of SORN then that might do it - but they lose money. If they force us to use another form to cancel SORN - it costs them money. And some of us will deliberately or accidentally not do that unless the new SI introduces even more stupid and unreasonable penalties for yet another annoying bureaucratic task.
Wheres the hand clapping smilie..........

Ahh there it is clap

And have one of these too beer and bow

Superb - would you mind if I borrowed some of it - Please wink

saaby93

Original Poster:

32,038 posts

178 months

Wednesday 22nd June 2011
quotequote all
B'stard Child said:
Wheres the hand clapping smilie..........
Ahh there it is clap
And have one of these too beer and bow
and some of these for you too
woohooparty

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
saaby93 said:
B'stard Child said:
Wheres the hand clapping smilie..........
Ahh there it is clap
And have one of these too beer and bow
and some of these for you too
woohooparty
What are they for??

I've quite enjoyed this thread (and the other two sub threads) - been a learning experience

Really interested to see what divvy la la come back as a response

mattmurdock

2,204 posts

233 months

Wednesday 22nd June 2011
quotequote all
Saaby, I think you are misreading it.

The legislation you have linked is just the SORN for tax legislation as originally drafted, not the CIE legislation, and it clearly lists the conditions under which you must declare SORN.

All of those conditions relate to the vehicle either being unlicensed (so no tax disc) or about to be unlicensed (surrendering tax disc). None of them support the view that you can SORN a licensed vehicle.

B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
mattmurdock said:
Saaby, I think you are misreading it.

The legislation you have linked is just the SORN for tax legislation as originally drafted, not the CIE legislation, and it clearly lists the conditions under which you must declare SORN.

All of those conditions relate to the vehicle either being unlicensed (so no tax disc) or about to be unlicensed (surrendering tax disc). None of them support the view that you can SORN a licensed vehicle.
Have you found the SI relating to CI?

That's a please thank-you request not anything else

saaby93

Original Poster:

32,038 posts

178 months

Wednesday 22nd June 2011
quotequote all
mattmurdock said:
None of them support the view that you can SORN a licensed vehicle.
frown
Where does it say that you cant?

Apart from someone above showing that you can, wouldnt you have to SORN it while taxed in order to apply for a tax cancellation if you needed one?
Or do you think you're supposed to cancel the tax before SORN?


Edited by saaby93 on Wednesday 22 June 15:57

Durzel

12,264 posts

168 months

Wednesday 22nd June 2011
quotequote all
So I guess it would be logical if selling a car you only intend to drive infrequently if at all (e.g. for test drives) to declare it SORN, keep the tax disc, insure it on a day-long basis as necessary for test drives?

I know it's not strictly legitimate but at least it would eliminate the danger of receiving an automated fine for having a non-SORN'd vehicle without insurance?

Is there a specific offence endorseable or otherwise for driving a vehicle that is declared SORN but is otherwise fully legal (VED, insurance, MOT)?

saaby93

Original Poster:

32,038 posts

178 months

Wednesday 22nd June 2011
quotequote all
Durzel said:
I know it's not strictly legitimate
unless mattmrdock finds otherwise it's strictly legal
see here too
http://www.pistonheads.com/gassing/topic.asp?h=0&a...


B'stard Child

28,395 posts

246 months

Wednesday 22nd June 2011
quotequote all
Durzel said:
So I guess it would be logical if selling a car you only intend to drive infrequently if at all (e.g. for test drives) to declare it SORN, keep the tax disc, insure it on a day-long basis as necessary for test drives?

Yep - logical and sensible

I know it's not strictly legitimate but at least it would eliminate the danger of receiving an automated fine for having a non-SORN'd vehicle without insurance?

I'm not sure it isn't yet but at least you are complaint with the CI requirement

Is there a specific offence endorseable or otherwise for driving a vehicle that is declared SORN but is otherwise fully legal (VED, insurance, MOT)?
There is no offence

I sell my Polo - buyer (fully insured and with appropriate full Licence) drives away having completed all the relevant docs which I put in post to Divvy La La he keeps the counterpart

Car is still SORN until Reg Doc arrives with DVLA (change of keeper one of reasons SORN is cancelled)

However vehicle is insured, VED is displayed and valid - MOT is for 11 mths

No offence

Any BiB want to say how they would view the situation after say a tug based on data supplied incar from ANPR?

Edited by B'stard Child on Wednesday 22 June 16:09