Failiure to re-declare SORN - car stolen
Discussion
Chaps,
Some time ago, I had a car (well, two cars) stolen from outside my house. They were both declared SORN. Both thefts were notified to the police immediately, and crime numbers given. The guy in question has been caught, and goes to trial very soon.
However, a letter has arrived for one of the vehicles, saying that because we didn't re-declare SORN at the relevant time (no warning notices or "It's time to re-declare SORN" type letters) we are eligible for a fine. Just like that.
I have spoken with the policeman who is investigating the crime, and he advised me to write to the DVLA with the crime reference number and the date of the theft (i.e. while the last SORN was still valid) and they will "drop it." Does anyone know whether this is so or not? Do I have a legal leg to stand on here? (Nowhere on the SORN form does it mention what to do if the car is stolen and destroyed - which these were. It just talks of "disposing of them or selling them", and we did neither.)
All help welcomed.
Oli.
Some time ago, I had a car (well, two cars) stolen from outside my house. They were both declared SORN. Both thefts were notified to the police immediately, and crime numbers given. The guy in question has been caught, and goes to trial very soon.
However, a letter has arrived for one of the vehicles, saying that because we didn't re-declare SORN at the relevant time (no warning notices or "It's time to re-declare SORN" type letters) we are eligible for a fine. Just like that.
I have spoken with the policeman who is investigating the crime, and he advised me to write to the DVLA with the crime reference number and the date of the theft (i.e. while the last SORN was still valid) and they will "drop it." Does anyone know whether this is so or not? Do I have a legal leg to stand on here? (Nowhere on the SORN form does it mention what to do if the car is stolen and destroyed - which these were. It just talks of "disposing of them or selling them", and we did neither.)
All help welcomed.
Oli.
The address at which the vehicle is to be kept needs to provided only if the form requests it. SORN declarations are valid for 12 months and must be renewed, if the vehicle is kept off road for a further period. SORN can be renewed by completing the V11, V85/1 or if these are not available a V890 SORN form can be used.
However, you only need to provide a SORN if you are registered as the keeper of the vehicle and it is in your possession.
>> Edited by wedge girl on Friday 15th April 22:56
However, you only need to provide a SORN if you are registered as the keeper of the vehicle and it is in your possession.
>> Edited by wedge girl on Friday 15th April 22:56
wedge girl said:
The address at which the vehicle is to be kept needs to provided only if the form requests it. SORN declarations are valid for 12 months and must be renewed, if the vehicle is kept off road for a further period. SORN can be renewed by completing the V11, V85/1 or if these are not available a V890 SORN form can be used.
However, you only need to provide a SORN if you are registered as the keeper of the vehicle and it is in your possession.
>> Edited by wedge girl on Friday 15th April 22:56
Hmmm. The car in question was registered to and theoretically belonged to a friend. It was in my possession as I was doing a littl work on it before passing it onto another friend (basically, the car was almost worthless, and friend1 no longer had use for it.)
Do I therefore take it from what you have just written that as friend1 was no longer in possession of the car (she had passed it onto me, temporaroly) that there was no need to re-declare SORN? It had not strictly speaking changed ownership (i.e. it was still owned by friend1) but was not in her possession.
(I know, it all gets more and more complex ...)
The other car was more simple - it was mine, and on my drive. But the old SORN is still valid. I need to contact the DVLA in order to prevent this happening again for that car ...
Thanks again for your help WG.
Oli.
Edited to add ... I am dealing with this fine on behalf of friend1 as I feel slightly responsible for it all. Strictly speaking it is friend1 who is facing the fine and whatnot.
>> Edited by zcacogp on Friday 15th April 23:06
Good argument put forward by Wedge girl.
The onus is on a person to declare SORN who KEEPS an unlicensed vehicle.
The Road Veh (Reg and Licensing) Regs 2002 Part 4 deals with SORN and under the Act "Keeper" is not defined as the "Registered Keeper" but "by whom the vehicle is kept". So when the Licence expired because the vehicle was stolen it wasn't being kept was it.?
In all seriousness if a letter is sent to DVLA outlining all the circumstances, if reason was to prevail, then NFA under these circumstances.
It is also a warning to the rest of us that DVLA Computor, when it does a cull for vehicles that have not been relicensed, is ruthless and to save a pain in the wallet we need to watch these points.
DVD
The onus is on a person to declare SORN who KEEPS an unlicensed vehicle.
The Road Veh (Reg and Licensing) Regs 2002 Part 4 deals with SORN and under the Act "Keeper" is not defined as the "Registered Keeper" but "by whom the vehicle is kept". So when the Licence expired because the vehicle was stolen it wasn't being kept was it.?
In all seriousness if a letter is sent to DVLA outlining all the circumstances, if reason was to prevail, then NFA under these circumstances.
It is also a warning to the rest of us that DVLA Computor, when it does a cull for vehicles that have not been relicensed, is ruthless and to save a pain in the wallet we need to watch these points.
DVD
Mad Dave said:I like the theory ... Do you think it would work in practice?
Glad it turned out OK.
Another way to get out of paying the fine, would theoretically () be to send a letter explaining that you DID send the form, and if it got lost in the post you are very sorry, but as you sent it, you will NOT be paying the fine.
Worked for me
Oli.
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