Unused car, off road, uninsured and not SORN ?

Unused car, off road, uninsured and not SORN ?

Author
Discussion

J4CKO

Original Poster:

44,230 posts

214 months

Monday 21st April
quotequote all
A relative had a car which broke down, she got a new car and transferred the insurance to that.

She didnt SORN the car, it wasnt driven so its not a road use thing, its a fine for it not being SORN and not being insured.

We sold the car as Spares/Repair and transferred ownership, its since been repaired, taxed and insured.

She has had a letter demanding she either pleads guilty, not guilty or goes to caught, citing a letter sent for a demand sent on the 4th of November, which she never received.

So, think previously it was £100 fine, anyone know what will happen if she pleads guilty, is it worth getting a solicitor ?

She is 85 and its causing her stress, I didnt know this was a thing, never really SORNed a car, it was just sat for months. She is very on the ball and would have dealt with it had she had the letter.

Anyone know what the fine could be, they are asking about her means, anyone know what the tariff is for such an "offense" ?

sugerbear

5,271 posts

172 months

Monday 21st April
quotequote all
Its a fine of £80. Ignorance of the law isn't an excuse so the path of least resistance is to pay up and learn a lesson. The delivery or non delivery of the fine isnt the issue.

How long between un-insuring the car and selling it?

Her age isn’t really a mitigation unless she has a medical condition.


J4CKO

Original Poster:

44,230 posts

214 months

Monday 21st April
quotequote all
sugerbear said:
Its a fine of £80. Ignorance of the law isn't an excuse so the path of least resistance is to pay up and learn a lesson. The delivery or non delivery of the fine isnt the issue.

How long between un-insuring the car and selling it?

Her age isn’t really a mitigation unless she has a medical condition.
£80 even after allegedly receiving a letter ?


sugerbear

5,271 posts

172 months

Monday 21st April
quotequote all
If the car wasn't insured and wasn't SORNed then she has committed an offence.

The non delivery of the letter is a moot point but you can try to argue it, i expect they will have evidence that it was sent so maybe you can argue that she would have paid the less fine if she had been aware.

If she wants to plead not guilty then she needs a defence against the offence. Saying it was off road and she didnt drive it isnt a defence otherwise everyone would do it.

Being 85 and not knowing about the law isnt a defence either.

MustangGT

13,077 posts

294 months

Tuesday 22nd April
quotequote all
The November letter would have been another letter about the fine, not a letter to remind her to SORN, so, it makes no difference really. Pay the fine and be done with it, she did not follow the rules.

J4CKO

Original Poster:

44,230 posts

214 months

Wednesday 23rd April
quotequote all
She is pleading guilty, just spoke to her, think it will be £100 plus a bit for the delay.

She threw me a curve ball when I was discussing it with her and said she has had a tax reminder for the car, we then ascertained at it was a tax reminder for her current car. I sold the old one and transferred the ownership on my computer in my garage, the new owner then taxed it in her name. Had me panicking then !

Its not the money, its the stress, I feel partially responsible as was dealing with disposing of the car, we were very busy at the time with a massive house move for the wifes mum, so it got lost, I wasnt aware that you could be fined for not SORNING, we had intended to get rid of the car sooner but it was being used to sit looking at the old house as if someone was living there and it took longer to go through than anticipated (an understatement there !)

Anyway, know now, and really there is no excuse as its so easy to do online these days, transferred and taxed one yesterday, five minute job.


richhead

2,403 posts

25 months

Wednesday 23rd April
quotequote all
On a farm near me there is an old barn full of old cars, nothing special, just old knackered things, i bet none are insured or sorned, wander what would be the situation there, theyve been there years.

CanAm

11,052 posts

286 months

Wednesday 23rd April
quotequote all
richhead said:
On a farm near me there is an old barn full of old cars, nothing special, just old knackered things, i bet none are insured or sorned, wander what would be the situation there, theyve been there years.
I think there may be an exemption (but IANAL) if it has been off the road since time immemorial (or something) Mentioned on here possibly in the last 12 months or so. You could try searching the PH archives if you have a lot of time on your hands.

drmike37

552 posts

70 months

Wednesday 23rd April
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Time immemorial means pre 1189, so the cars probably haven’t been there that long.

The continuous insurance rule is relatively recent so if a car was off the road before it came in then it’s not a problem.

bimsb6

8,416 posts

235 months

Wednesday 23rd April
quotequote all
drmike37 said:
Time immemorial means pre 1189, so the cars probably haven’t been there that long.

The continuous insurance rule is relatively recent so if a car was off the road before it came in then it’s not a problem.

OutInTheShed

11,168 posts

40 months

Wednesday 23rd April
quotequote all
J4CKO said:
She is pleading guilty, just spoke to her, think it will be £100 plus a bit for the delay.

She threw me a curve ball when I was discussing it with her and said she has had a tax reminder for the car, we then ascertained at it was a tax reminder for her current car. I sold the old one and transferred the ownership on my computer in my garage, the new owner then taxed it in her name. Had me panicking then !

Its not the money, its the stress, I feel partially responsible as was dealing with disposing of the car, we were very busy at the time with a massive house move for the wifes mum, so it got lost, I wasnt aware that you could be fined for not SORNING, we had intended to get rid of the car sooner but it was being used to sit looking at the old house as if someone was living there and it took longer to go through than anticipated (an understatement there !)

Anyway, know now, and really there is no excuse as its so easy to do online these days, transferred and taxed one yesterday, five minute job.
It's not going to be helpful, but yes, I think you are (more than?) partially responsible.

Every tax reminder tells you about SORN and the need for all vehicles 'on the road' to be insured.

Sebring440

2,692 posts

110 months

Thursday 24th April
quotequote all
OutInTheShed said:
It's not going to be helpful, but yes, I think you are (more than?) partially responsible.

Every tax reminder tells you about SORN and the need for all vehicles 'on the road' to be insured.
What was the point of this post? To have a go at the OP? confused

sugerbear

5,271 posts

172 months

Friday 25th April
quotequote all
J4CKO said:
She is pleading guilty, just spoke to her, think it will be £100 plus a bit for the delay.

She threw me a curve ball when I was discussing it with her and said she has had a tax reminder for the car, we then ascertained at it was a tax reminder for her current car. I sold the old one and transferred the ownership on my computer in my garage, the new owner then taxed it in her name. Had me panicking then !

Its not the money, its the stress, I feel partially responsible as was dealing with disposing of the car, we were very busy at the time with a massive house move for the wifes mum, so it got lost, I wasnt aware that you could be fined for not SORNING, we had intended to get rid of the car sooner but it was being used to sit looking at the old house as if someone was living there and it took longer to go through than anticipated (an understatement there !)

Anyway, know now, and really there is no excuse as its so easy to do online these days, transferred and taxed one yesterday, five minute job.
Dont feel quilty, it’s just one of those things. Fwiw I think what she is the sensible thing to do. It’s the dishonesty of everyone that has been driving uninsured that caused this bit of legislation to be enacted. Some “innocent” people will get caught out by those rules but then a lot of “guilty” people were using the excuse that the car was off the road when it wasnt.