Penalty for untaxed Vehicle - unlucky circumstances

Penalty for untaxed Vehicle - unlucky circumstances

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Hazuki

Original Poster:

422 posts

152 months

Saturday 14th January 2023
quotequote all
Hi all

Apologies for the length of this post, I just wanted to be thorough (despite me potentially knowing what the answer will be).

We live in a quiet cul-de-sac, and I have a single space drive occupied by a SORN'd car. This was sat for 4 months between June-November 2022 as it had some issues meaning it would not pass an MOT (expired a week in to SORN). I spent the best part of this time fixing it up on my driveway, with the plan to get it back on the road once done.

Now fully fixed and MOT ready, I called a test centre on the 4th November to get it booked in for the next available slot, the following Wednesday (9th November 2022).

On Monday 7th November 2022 (2 days before it's MOT) I took a delivery of some flags & building materials for the garden. Not wanting to block the SORN'd car in and miss it's MOT 48 hours later, I temporarily moved it off the drive and on to the road so they could drop the stuff in the space behind the car. Mistake #1.

After the guys had finished dropping all the materials and left, I noticed the the 3x tonne bags were fine where they were, but the flags were partially occupying the space that the car would go back in to. I would have to move some of the flags in to the garden else the car would stick out on to the pavement, so starting moving them immediately. At some point during me moving the flags, I noticed an unmarked van parked up on the opposite side of the road and assumed it was a delivery driver / builder. Mistake #2.

Around 30-45 minutes after I had initially moved the car on to the road, I sat in my car to move it back on to the drive. This is when I noticed the man inside the van gesturing me to stop. He got out and I saw a DVLA Enforcement badge on his jacket and my heart sank.

He handed me a notice saying I am being fined £260 for keeping an SORN vehicle on the public highway. I explained the circumstances to him, and he admitted he had seen it had only been there for a short space of time (initially pinging the car while the delivery was taking place), but he kept reiterating that "Rules are rules". As we were talking, a low loader arrived to take the car away - I assume he called it in as soon as it pinged.

I paid the £260 fine on the spot immediately to prevent the car being taken, and we both had a cordial chat on how unlucky I had been - he admitted this was a random drive-by that he does regularly and had noticed it dismantled on the drive a few weeks prior. I have never had as much as a speeding ticket before so while it was an expensive mistake, it's one that I fully accept I made. I technically broke the law and £260 isn't pocket change for me, so would be a lesson I wouldn't forget. The car passed it's MOT 48 hours later, and is fully taxed, insured and in regular use.

The problem:
Yesterday I received a Penalty from the DVLA for £1,260 dated the 10th January 2023. A quick Google suggests that this is a fixed charge of 2x annual VED + £30 for having a SORN'd vehicle on the public highway. The letter states that this charge is separate from the fee I paid previously, and needs to be paid in full by the 27th January 2023 or I'll be taken to court. It gives options to appeal the fine, but these don't seem relevant to my case as it's asking for proof I am not liable rather than allowing you to submit any mitigating circumstances / explanations.

I currently cannot afford to pay £1,260 in one lump sum. January is always tough, but compounded with all the other cost increases we're all experiencing, this penalty has left me feeling particularly sore. I called the DVLA yesterday to try and explain this (including the circumstances of the penalty) in the hopes that there was another option. I told them I had already paid this years VED, but the woman on the other end of the phone was quite blunt that if I'm not calling to pay the penalty in full, I need to get off the phone. Payment plans / explanations would be a matter for the courts, and there are no extensions to the deadline.

My question:
Is my only realistic option to pay this charge before the deadline, or is it worth appealing on the chance that a court might be sympathetic to the circumstances? If I had a £0 VED car, my charge would have only been £30 rather than £1,260 so it's worth asking the question as it's a lot of money for me right now. The car is a 2007 Saab 9-5, worth less than £2,500 for anyone wondering, and incidentally the charge would have been £300 less if I had just left it as untaxed rather than SORN which boggles my mind.

It taken the shine off me shopping around and saving £75 on building materials, that's for sure.

TL;DR - SORN'd car (which had pre-arranged MOT booked in 2 days) was moved off drive and parked outside house for approx. 30-45 minutes to allow for a materials delivery. Fined £260 + £1260 for that time which needs to be paid in full in 2 weeks. Suck it up and pay the fine, are there grounds for appeal?

Terminator X

17,597 posts

218 months

Saturday 14th January 2023
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Remind me never to get on a plane with you as you must be the unluckiest person in the world.

TX.

Turkish91

1,116 posts

216 months

Saturday 14th January 2023
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Bloody hell. If your story is dead on that is incredibly unfortunate! Not sure I believe the "random" part, have you got any neighbours who you've pissed off? Down a cul-de-sac as well, just seems so unlikely!

Can't offer any help other than to appeal it and see if common sense prevails but I doubt it will.

GranpaB

11,359 posts

50 months

Saturday 14th January 2023
quotequote all
Hazuki said:
Hi all

Apologies for the length of this post, I just wanted to be thorough (despite me potentially knowing what the answer will be).

We live in a quiet cul-de-sac, and I have a single space drive occupied by a SORN'd car. This was sat for 4 months between June-November 2022 as it had some issues meaning it would not pass an MOT (expired a week in to SORN). I spent the best part of this time fixing it up on my driveway, with the plan to get it back on the road once done.

Now fully fixed and MOT ready, I called a test centre on the 4th November to get it booked in for the next available slot, the following Wednesday (9th November 2022).

On Monday 7th November 2022 (2 days before it's MOT) I took a delivery of some flags & building materials for the garden. Not wanting to block the SORN'd car in and miss it's MOT 48 hours later, I temporarily moved it off the drive and on to the road so they could drop the stuff in the space behind the car. Mistake #1.

After the guys had finished dropping all the materials and left, I noticed the the 3x tonne bags were fine where they were, but the flags were partially occupying the space that the car would go back in to. I would have to move some of the flags in to the garden else the car would stick out on to the pavement, so starting moving them immediately. At some point during me moving the flags, I noticed an unmarked van parked up on the opposite side of the road and assumed it was a delivery driver / builder. Mistake #2.

Around 30-45 minutes after I had initially moved the car on to the road, I sat in my car to move it back on to the drive. This is when I noticed the man inside the van gesturing me to stop. He got out and I saw a DVLA Enforcement badge on his jacket and my heart sank.

He handed me a notice saying I am being fined £260 for keeping an SORN vehicle on the public highway. I explained the circumstances to him, and he admitted he had seen it had only been there for a short space of time (initially pinging the car while the delivery was taking place), but he kept reiterating that "Rules are rules". As we were talking, a low loader arrived to take the car away - I assume he called it in as soon as it pinged.

I paid the £260 fine on the spot immediately to prevent the car being taken, and we both had a cordial chat on how unlucky I had been - he admitted this was a random drive-by that he does regularly and had noticed it dismantled on the drive a few weeks prior. I have never had as much as a speeding ticket before so while it was an expensive mistake, it's one that I fully accept I made. I technically broke the law and £260 isn't pocket change for me, so would be a lesson I wouldn't forget. The car passed it's MOT 48 hours later, and is fully taxed, insured and in regular use.

The problem:
Yesterday I received a Penalty from the DVLA for £1,260 dated the 10th January 2023. A quick Google suggests that this is a fixed charge of 2x annual VED + £30 for having a SORN'd vehicle on the public highway. The letter states that this charge is separate from the fee I paid previously, and needs to be paid in full by the 27th January 2023 or I'll be taken to court. It gives options to appeal the fine, but these don't seem relevant to my case as it's asking for proof I am not liable rather than allowing you to submit any mitigating circumstances / explanations.

I currently cannot afford to pay £1,260 in one lump sum. January is always tough, but compounded with all the other cost increases we're all experiencing, this penalty has left me feeling particularly sore. I called the DVLA yesterday to try and explain this (including the circumstances of the penalty) in the hopes that there was another option. I told them I had already paid this years VED, but the woman on the other end of the phone was quite blunt that if I'm not calling to pay the penalty in full, I need to get off the phone. Payment plans / explanations would be a matter for the courts, and there are no extensions to the deadline.

My question:
Is my only realistic option to pay this charge before the deadline, or is it worth appealing on the chance that a court might be sympathetic to the circumstances? If I had a £0 VED car, my charge would have only been £30 rather than £1,260 so it's worth asking the question as it's a lot of money for me right now. The car is a 2007 Saab 9-5, worth less than £2,500 for anyone wondering, and incidentally the charge would have been £300 less if I had just left it as untaxed rather than SORN which boggles my mind.

It taken the shine off me shopping around and saving £75 on building materials, that's for sure.

TL;DR - SORN'd car (which had pre-arranged MOT booked in 2 days) was moved off drive and parked outside house for approx. 30-45 minutes to allow for a materials delivery. Fined £260 + £1260 for that time which needs to be paid in full in 2 weeks. Suck it up and pay the fine, are there grounds for appeal?
Blimey, what part of the country is this?


Hazuki

Original Poster:

422 posts

152 months

Saturday 14th January 2023
quotequote all
Turkish91 said:
Bloody hell. If your story is dead on that is incredibly unfortunate! Not sure I believe the "random" part, have you got any neighbours who you've pissed off? Down a cul-de-sac as well, just seems so unlikely!

Can't offer any help other than to appeal it and see if common sense prevails but I doubt it will.
I wouldn't have believed it myself. The events are 100% dead on, as were the timings (backed up from the timestamps since I was calling/texting my wife updates as from materials delivery to the DVLA van going). When I told my Dad afterward, he asked if I had ever had it on the road whilst SORN as they might have marked my car on a previous patrol - but I can honestly say that this was the first time the wheels had touched the public highway in 4 months. I've never been in trouble with the law, and was always by the book... I was just incredibly unlucky on this occasion.

The DVLA agent (whilst dismissive and cold at first) softened as it went on, and he admitted that he regularly patrols around the area, including our estate. We had a chat about what work I had done to the car, and that he'd noticed it on axle stands with the wheels and front end off off a few weeks earlier - almost admitting that he knew I wasn't driving it around... but in the eyes of the law, I had broken it by moving it off the drive and the fine was justified.

I don't have any poor relations with neighbours, so don't think someone would have called it in - especially as I'm not sure the DVLA would have been out to attend out so quick. At a stretch, it might have been an eyesore to see it parked on the drive in the state it was in but that's me clutching at straws.

Tribal Chestnut

3,001 posts

196 months

Saturday 14th January 2023
quotequote all
Wow! You have my sympathy, for what that is worth.

Can’t offer any advice but I hope you find a reason to wriggle out of the penalty. It’s a f**king joke tbh, I’d be livid in your situation.

Edited by Tribal Chestnut on Saturday 14th January 15:09

catso

15,148 posts

281 months

Saturday 14th January 2023
quotequote all
Seems harsh in the extreme.

I once got a fine because I forgot to renew the tax on a motorbike that was off the road for an engine rebuild. I only missed a few weeks and then taxed it online once I realised what I'd done, this was followed up by an £80 fine (more than the tax at that time) for which I was annoyed but £1,200+ FFS. yikes

Is it considered worse because it's SORN'd and on road rather than just untaxed?

stuthemong

2,450 posts

231 months

Saturday 14th January 2023
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Maybe try your local MP, see if they can help?

Bit of a reach, but does seem a bit harsh in circumstances?

DVLA may have an appeals process you could try too, but seems so unlucky frown

Its Just Adz

16,138 posts

223 months

Saturday 14th January 2023
quotequote all
Wow that's a hell of a fine.

On what grounds are they saying you have to pay 2 years VED?
That's hugely unreasonable in my eyes.

Roy the Boy

470 posts

235 months

Saturday 14th January 2023
quotequote all
I had similar many years ago (so things may have changed). Moved a car out of the garage whilst a delivery was taking place (an hour or so if memory serves me right). Received a £1000+ fine. Wrote to the DVLA and explained, who kindly reduced the fine to 1 month's tax.

I suggest you write in explaining the situation as the man who you spoke to probably wouldn't have relayed any stuff that you discussed with him back to the DVLA. For the cost of a stamp, it's worth a try.

Also, 2 x VED = £1230 eek - how much is it a year? And what car demands that amount? I don't pay that much for 3 cars!

sixor8

6,943 posts

282 months

Saturday 14th January 2023
quotequote all
As the OP stated later on:

"The car is a 2007 Saab 9-5, worth less than £2,500 for anyone wondering..."

Must be a large petrol-engined one to be £615 VED!

OutInTheShed

11,176 posts

40 months

Saturday 14th January 2023
quotequote all
That's very bad luck for the OP, it's the kind of thing that you'd expect to get away with.

But SORN is a solemn declaration that your untaxed car is not on the public highway. There's basically no wiggle room in that, it's a straight down the line solution which was introduced to tackle what was (rightly or wrongly) seen as a serious problem.

If they go around being lenient, where will that get us? It's basically taxation we're talking about. Do we want everyone let off first time they get caught?
That's just going to encourage more people to push their luck and expect 'days of grace' and non-enforcement, annoying people who pay and play strictly by the book.

They can't just fine chavs with bad taste in cars.
They need some proper nickings to pay for the man in the van too!

That's all harsh, but life is harsh when you go up against the tax man.

This is why I think people advocating pushing the limits like driving 200 miles to an MOT are foolish. One bit of bad luck and they are in the OP's position.


Was it insured?

BertBert

20,290 posts

225 months

Saturday 14th January 2023
quotequote all
Have you established what the first amount was for?

OutInTheShed

11,176 posts

40 months

Saturday 14th January 2023
quotequote all
BertBert said:
Have you established what the first amount was for?
£260 = £100 'release fee' for the low loader not taking the car away and £160 surety, against a promise of taxing it within 14 days?

https://www.gov.uk/government/publications/vehicle...

Looks like the OP may have committed a third bigger mistake of not taxing the damned thing at the first opportunity?

Did he shoot himself in the foot by not taxing it until January?

One way of reading the .gov website is that the OP could have only paid £100 plus the tax from Nov1 if he'd MOT'd and taxed it immediately, as the £160 is 'refundable'.

Hazuki

Original Poster:

422 posts

152 months

Saturday 14th January 2023
quotequote all
Hi all,

Thanks to everyone who responded. Thought it would be easier to respond in one message, rather than a separate reply for each.

GranpaB said:
Blimey, what part of the country is this?
West Midlands

catso said:
Is it considered worse because it's SORN'd and on road rather than just untaxed?
It appears so. A fine for being caught with no tax is 1.5x annual VED + £30, where as it's 2x annual VED + £30 if SORN.

Its Just Adz said:
On what grounds are they saying you have to pay 2 years VED?
That's hugely unreasonable in my eyes.
It appears it's more so a penalty than actually backdating any VED - as the car was fully taxed up till it was SORN'd in June 22.

Roy the Boy said:
I had similar many years ago (...) Wrote to the DVLA and explained, who kindly reduced the fine to 1 month's tax.

I suggest you write in explaining the situation as the man who you spoke to probably wouldn't have relayed any stuff that you discussed with him back to the DVLA. For the cost of a stamp, it's worth a try.

Also, 2 x VED = £1230 eek - how much is it a year? And what car demands that amount? I don't pay that much for 3 cars!
This sounds promising! I hope I can do this in an email/call rather than via post as I'll miss the deadline. I'll deffo give this a go however - does anyone know of a good initial contact method, as I was waiting 30+ minutes calling the number on the letter... not relishing playing the DVLA roulette smile

The car is a 2007 Saab 9-5 2.3 Aero HOT, and tax is approx. £600 a year.

OutInTheShed said:
Was it insured?
Yep. Once I had the MOT confirmed, I had set my insurance to start the following week - which just so happened to be on the Monday of the offence. This is likely why I wasn't pinned for having the car on the road without insurance, luckily.

OutInTheShed said:
£260 = £100 'release fee' for the low loader not taking the car away and £160 surety, against a promise of taxing it within 14 days?

Looks like the OP may have committed a third bigger mistake of not taxing the damned thing at the first opportunity?
No sorry, I worded this badly. I did eventually get that fee back. The £160 surety fee is a refund you can claim back as long as you tax within 14 days. I could only tax the vehicle after it had a valid MOT, so it was fully taxed before I left the test centre.

---

As a side note, I've just re-read my original post for the first time since this morning and I need to clarify something

I inadvertently made it sound as though the DVLA agent saw me take the car off the drive (and was doing this to be a jobsworth), when I meant to say that he saw the car whilst it was on the road. He wouldn't have seen me move it, so naturally one would assume that the car had been left there for much longer than it was. It was only when we had a chat did he believe that it had been moved minutes prior to him arriving, but 'the offence had still been comitted'. I don't fault him for that, and I'd go as far as saying the initial fee was justified... the £1,260 is something else however.

Its Just Adz

16,138 posts

223 months

Saturday 14th January 2023
quotequote all
Quick look on DVLA website shows the fine should have been £30. If unpaid, then it goes to £1000 plus.

Strange they've jumped straight to that.

Can you chase them to confirm they offered the £30 fine?

Apologies, don't know why it's formatted the page that way.


vonhosen

40,593 posts

231 months

Saturday 14th January 2023
quotequote all
Its Just Adz said:
Quick look on DVLA website shows the fine should have been £30. If unpaid, then it goes to £1000 plus.

Strange they've jumped straight to that.

Can you chase them to confirm they offered the £30 fine?

Apologies, don't know why it's formatted the page that way.

It's not just £30

It's £30 + 2 x the tax. (Because it was SORN'd at time)

If you don't pay the fine, then it's off to court & possibly £1000 fine or 5 x the tax, whichever is greater.

Its Just Adz

16,138 posts

223 months

Saturday 14th January 2023
quotequote all
vonhosen said:
It's not just £30

It's £30 + 2 x the tax. (Because it was SORN'd at time)

If you don't pay the fine, then it's off to court & possibly £1000 fine or 5 x the tax, whichever is greater.
You're right, my mistake, missed that!


Petrus1983

10,390 posts

176 months

Saturday 14th January 2023
quotequote all
Sometimes stories come along on PH that seemed so far fetched I’m quite quick to call BS on it. But this time I feel the OP is mega unlucky. I also wouldn’t get on a flight with you and would hate to be trying to communicate with the DVLA on any level - let alone this. I hope you can sort something - but fear you won’t and will be another disgruntled motorist.

OutInTheShed

11,176 posts

40 months

Saturday 14th January 2023
quotequote all
vonhosen said:
It's not just £30

It's £30 + 2 x the tax. (Because it was SORN'd at time)

If you don't pay the fine, then it's off to court & possibly £1000 fine or 5 x the tax, whichever is greater.
It is indeed £30 plus 'twice the outstanding tax'.

But the point is, but the time they wrote to offer the OCS in January, there was no outstanding tax?
As the OP had paid the tax immediately after MOTing it in November?

This is the point I would be questioning with the DVLA.
It could be that the sending OCS letters department wasn't up to speed with the taking our money department?


The other way of looking at the 'outstanding tax' might be for the period from when SORN was declared until 1 Nov, from when tax was paid, albeit late.



Maybe the actual law defines 'outstanding' in this context?