Sorned vehicle on the road

[Toptara]

Hi everybody

I had a little van which was an MOT failure and had SORN'd it and was keeping it in a rented garage around the corner from our house. I advertised it for sale as an MOT failure and a potential buyer wanted to view it. So I removed it from my garage . I then parked it in allocated parking outside our house overnight. (Which I understand is technically still the public highway) I was unable to return it to the garage after the viewing as there was a house fire in the road and the police closed the road for the whole weekend and would not allow any vehicles to enter or leave the road. D

A bored community support officer noticed the vehicle was untaxed and put a notice on it. I approached him at the time but it was too late as he had already issued the notice.

I received a letter from DVLA asking me to pay £175 out of court settlement. I wrote and explained but they are taking it to court. I am having no end of problems at the moment so did not have the choice of paying the fine as I simply do not have the money.

Do I have any defence in court?

[buzby]

Not directly, but you have pretty good mitigating circumstances, providing you can get a statement from the potential purchaser as to the reasons it was there. From memory I recall you have to admit the charge, but explain it was not being 'used' and hope they'll take this into account.

[please return my money]

make sure when you go to court, you can prove what you have said above, eg. copy of newspaper that reports the story on the road being closed due to a house fire, together with any proof that it was off the road as soon as possible after the incident occurred.

good luck xxxx