Fine for driving while SORN - options?
Discussion
I SORNed my Caterham over the winter during which the MoT expired. Booked it into the garage for a service and MoT, but before collecting it I forgot to tax it. Got home, put it in the garage, and then finally remembered a few days later and taxed it. Appears a camera or something spotted me on the way home and I've just received a letter from the DVLA with an untaxed vehicle penalty for £279 
I've been done bang to rights, no two ways, but I was thinking about "contesting" it like I have done with parking fines in the past which has been very successful i.e. write an apologetic letter, admit I was in the wrong and ask for the fine to be cancelled because although I was in the wrong, it was accidental/only a small infraction/quickly rectified etc. I've had several parking fines rescinded over the years as a result and councils have always seemed reasonable.
So...
Firstly, is there any point in doing this for the untaxed vehicle penalty? Are they allowed to give leeway? I appear to have been caught *literally* 5 mins out of the garage
Secondly, if I do "contest" it, is it like a parking fine where the clock stops on time to make payment, and only restarts when they respond?
I've been done bang to rights, no two ways, but I was thinking about "contesting" it like I have done with parking fines in the past which has been very successful i.e. write an apologetic letter, admit I was in the wrong and ask for the fine to be cancelled because although I was in the wrong, it was accidental/only a small infraction/quickly rectified etc. I've had several parking fines rescinded over the years as a result and councils have always seemed reasonable.
So...
Firstly, is there any point in doing this for the untaxed vehicle penalty? Are they allowed to give leeway? I appear to have been caught *literally* 5 mins out of the garage
Secondly, if I do "contest" it, is it like a parking fine where the clock stops on time to make payment, and only restarts when they respond?
My best mate recently had similar, although bizarrely the offered fine was higher. He contested it as he was on the way home from its MOT, sent the evidence etc and all was fine. The difference being that he taxed it later the same day but its got to be worth a shot in your position.
https://www.gov.uk/sorn-statutory-off-road-notific... - last section suggests you've not done anything wrong. I'd contest it.
Mario149 said:
I SORNed my Caterham over the winter during which the MoT expired. Booked it into the garage for a service and MoT, but before collecting it I forgot to tax it. Got home, put it in the garage, and then finally remembered a few days later and taxed it. Appears a camera or something spotted me on the way home and I've just received a letter from the DVLA with an untaxed vehicle penalty for £279
I've been done bang to rights
Hold on... If you were driving straight back from the MOT, then that's allowed. Was it on the date of the test, or some time later?I've been done bang to rights
It looks as though you did nothing illegal so long as you just drove to and from the Mot and didn't use the car again until you had taxed it:
From the DVLA web-site:
When you can drive your vehicle
You can only drive a vehicle with a SORN on a public road to go to or from a pre-booked MOT or other testing appointment. You face court prosecution
and a fine of up to £2,500 if you use it on the road for any other reason.
Thus you didn't drive whilst SORN'd and without tax except as specifically allowed by the regulations. It doesn't say that the vehicle must be taxed within xx-days of passing the MoT. It just has to be taxed before used on the road after getting home from the MoT.
Definitely contest the penalty.
From the DVLA web-site:
When you can drive your vehicle
You can only drive a vehicle with a SORN on a public road to go to or from a pre-booked MOT or other testing appointment. You face court prosecution
and a fine of up to £2,500 if you use it on the road for any other reason.
Thus you didn't drive whilst SORN'd and without tax except as specifically allowed by the regulations. It doesn't say that the vehicle must be taxed within xx-days of passing the MoT. It just has to be taxed before used on the road after getting home from the MoT.
Definitely contest the penalty.
Thankfully didn't get caught.
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 
Mario149 said:
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
Ah, as was I - which caterham were you in?Good track, my first time there...shame our track tool wasn't particularly reliable (Black pink wheeled supercharged MX5 - later black 130i/grey M135i support cars after it broke)
kiethton said:
Ah, as was I - which caterham were you in?
Good track, my first time there...shame our track tool wasn't particularly reliable (Black pink wheeled supercharged MX5 - later black 130i/grey M135i support cars after it broke)
620R (aeroscreen, blue with orange stripes)Good track, my first time there...shame our track tool wasn't particularly reliable (Black pink wheeled supercharged MX5 - later black 130i/grey M135i support cars after it broke)
2 mates were with me, one in a white R500 and the other in a bright green k series Supersport
Really like Bedford - lack of elevation changes make it lack a bit of character, but you can't argue with the mahussive run offs for when it all goes a bit wrong!
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.
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.
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.
Sadly, the ANPR camera's aren't smart enough to spot a car being driven with no tax and instantly know: "Ah!, that's okay, it's not some tax dodging scummer, it's just Mario149 coming back from his MOT - Nothing to report here!"
Hopefully he will be able to explain to the DVLA that he simply collected his car the day after his MOT was done, and drove it straight home, and the whole matter should then be dropped.
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