Help! Forgot to SORN
Author
Discussion

Windymiller

Original Poster:

1,937 posts

270 months

Tuesday 22nd March 2016
quotequote all
I have a classic car that's been off the road for over 2 years, and I thought I'd put it on SORN. Turns out I didn't...

My employer has had a letter telling them to pay a £500 Court fine from my wages for no insurance. I never knew about it as we'd moved house and as it's just a shell I forgot to change the address on the V5 too so all the Court paperwork went to my old address!

Anyway, I'm told that if I try to appeal and tell them about the forgotten change of address I'll get an even bigger fine!

Seems pretty unfair as, while I understand why these procedures are in place, I've made a genuine mistake without any intention to deceive anyone.

The guy at the Court told me I'd best seek legal advice before appealing?

vanordinaire

3,701 posts

192 months

Tuesday 22nd March 2016
quotequote all
It's quite possible you did notify DVLA of SORN and they failed to register it. It has happened before, if I were you I'd check old e-mails, correspondence etc.

herewego

8,814 posts

243 months

Tuesday 22nd March 2016
quotequote all
I don't see what the basis of the appeal would be. Since you didn't know about the court case then you can go to the court and explain this and ask to make a statutory declaration that you were unaware. They can then reschedule the case and you can go to court to make your case. However if £500 is the imposed fine plus costs then I expect you may find yourself in the same situation.

Edited by herewego on Tuesday 22 March 20:39

sim16v

2,177 posts

231 months

Tuesday 22nd March 2016
quotequote all
Defence:

Your memory is playing tricks on you wink

You did declare sorn, then moved house.

As you had moved house, you'd assumed DVLA had confirmed the sorn to your old address, so you didn't chase it up...

Red Devil

13,526 posts

238 months

Wednesday 23rd March 2016
quotequote all
If you had read his first post, you would know why he didn't get notified. As he neither paid nor contested it the cost has now escalated.

Windymiller said:
I never knew about it as we'd moved house and as it's just a shell I forgot to change the address on the V5 too so all the Court paperwork went to my old address!
I'm curious how the DVLA has found out who his employer is in order to attach his earnings though.

herewego said:
I don't see what the basis of the appeal would be. Since you didn't know about the court case then you can go to the court and explain this and ask to make a statutory declaration that you were unaware. They can then reschedule the case and you can go to court to make your case. However if £500 is the imposed fine plus costs then I expect you may find yourself in the same situation.
An application to set aside the judgement, if successful, will turn the clock back. However before going down that road the OP should be aware of the fee and also read Part 13 of the CPR. He will also need the claim number to fill in the form.
http://hmctsformfinder.justice.gov.uk/courtfinder/...
http://hmctsformfinder.justice.gov.uk/courtfinder/...

Mandalore

5,457 posts

143 months

Wednesday 23rd March 2016
quotequote all
Surely there is someone else you can blame?





KevinCorvetteC6

13,846 posts

310 months

Thursday 24th March 2016
quotequote all
It's not just one mistake though is it? Firstly you did not SORN the vehicle, and secondly, you did not update the address on the V5C. Did you also not update the address on your driving licence?

I am also mystified how they found out who your employer was? Somebody has to have told them, if you have genuinely not seen any papers at all relating to the case who has?

Not sure I totally believe the OP on this one.

anonymous-user

84 months

Thursday 24th March 2016
quotequote all
Mandalore said:
Surely there is someone else you can blame?
postman knew he had moved so should sacked, I blame the EU and immigrants.

Ken Figenus

6,011 posts

147 months

Thursday 24th March 2016
quotequote all
Ehh? Its not illegal not to have insurance on a car stashed in a garage? Are they not making a big assumption that you have been driving an uninsured car on the road rather than may just have forgotten to SORN?

>Googled a bit< and looks like you are being fined for not paying penalty of £100 for falling foul of the continuous insurance rules. They aren't alleging driving uninsured I guess:

A £100 fixed penalty (reduced to £50 if paid within 21 days)
A fine of up to £1000 if the case goes to court
The vehicle being clamped, seized or destroyed

Old news to many but new news to some!

Edited by Ken Figenus on Thursday 24th March 18:22

e600

1,522 posts

182 months

Thursday 24th March 2016
quotequote all
This really stinks. I fully understand that owners of non taxed vehicles should be pursued, however, classic cars are RFL exempt so what exactly is the financial loss to HMG?

I bought an early sixties car several years ago that had been time warped and off the road since 1971 and eventually got from DVLA a V5 after proving the car existed with photos, copies of early tax discs the original brown log book and a letter authenticating the car from the relevant car owners club. The DVLA allowed me to keep the original dateless registration number but classed it as non transferable for some reason.

I hope to put the car on the road after 5 years of restoration in April which means the car will be on the road for the first time since 1971.

I am hoping for no issues regarding SORN, having initially told the DVLA what I bought and its condition.

we shall see

As purchased



Now

Red Devil

13,526 posts

238 months

Friday 25th March 2016
quotequote all
e600 said:
I hope to put the car on the road after 5 years of restoration in April which means the car will be on the road for the first time since 1971.

I am hoping for no issues regarding SORN, having initially told the DVLA what I bought and its condition.
You shouldn't have to declare SORN, provided all of the provisions of Schedule 4 Section 1(2)(a) of The Road Vehicles (Registration and Licensing) Regulations 2002 are satisfied. If so, it is not a “relevant GB vehicle” - http://www.legislation.gov.uk/uksi/2002/2742/sched...