DVLA taking me to court again!!

[21stcentury]

Hi All,

I feel like i am battling with the DVLA on a few matters, I was up in court with the DVLA a few months ago when they claimed that I hadn't informed them of the sale of a vehicle. I won they lost and I received costs- what a result.

Anyhow, now to today, came home to find the DVLA have summoned me to court for parking a car on the road, without a valid tax disc. Now the situation is that the vehicle was parked on the road, with a SORN in place, the local traffic police where in my street and noted the car with no tax disc, so put a ticket on the vehicle. I disputed the ticket, but they inform the DVLA of any tickets issued in respect of tax discs or lack of them.

The reason that I disputed it is because I beleived that I didnt need a tax disc when the vehicle was sorned, as although it is on the street the road is a private road, not maintained at public expense. This road is on a private estate and as yet the council havn't adopted the roads. The road is classed as private and i didnt think a tax disc was needed.

I have the court forms now want to plead not guilty to the offence. Should I ask for the DVLA and the Police officer who are witnesses to attend the hearing to give there evidence?

the police still havn't cancelled the ticket and is in there system to be sorted.

Derek

[Conniff]

You will need proof to show the court that the road is classed as private land otherwise you have no defence.

[21stcentury]

Hi Conniff,

How would I prove it is private land, would I need to ask for a letter from the council to prove that the road is not adopted and as such is private land?

Would that be all that I would require to put this matter to bed?

Derek

[Warren1]

Does the private estate have a estate management agency/company?? Is build work still ongoing??

If so you get an answer from them as they should know. I think the council has such data of adopted roads.

[21stcentury]

Hi Warren,

Thanks, yes building work is still ongoing, it has been for 5years now and by the looks will be another 5years but thats another story. Yes we have a management company in place, will email them now asking for them to confirm that the estate is infact a private estate and the roads are not maintained at public expense.

Do you think that is all i'll require? That proof, should I also get a letter from the local authority?

Derek

[patdavies]

All you need is a letter from the highway authority (usually county council) that states that they are not responsible for the maintenance of the road.

You also need to quote the definition of public highway from VERA.

Vehicle Excise and Registration Act 1994

S.1

1 Duty and licences

(1) A duty of excise (“vehicle excise duty”) shall be charged in respect of every mechanically propelled vehicle which is used, or kept, on a public road in the United Kingdom and shall be paid on a licence to be taken out by the person keeping the vehicle.

Interpretation S.62

“public road”—
(a)
in England and Wales and Northern Ireland, means a road which is repairable at the public expense,

[21stcentury]

Pat,

Many thanks for your reply on this one, I only wonder where you store all the infomation that is running about your head. It astounds me sometimes what you come away with.

Perfect, will have this sorted on monday, should I wait till court hearing and produce it or should I do it ahead of time?

Derek

[21stcentury]

Hi All,

Just an update, spoke to police officers supervision today who issued the ticket and they squashed all details on ticket and phoned the DVLA's enforcement section and got all prosecution stopped. I have spent pretty much all day on this and have now posted my claim against the DVLA for my time and research in looking into and dealing with my case in order to prepare a defence. I have submitted it and spoken to one of the prosecutors who advised that the matter will be responded to within 10days. So we will wait and see.

They also claimed that there was no SORN registered on the vehicle so I politely scanned and emailed it to them, in which they had a fair bit of egg on their face. The matter is now resolved and I will just try my arm on to get my wages for today. As it was a nightmare to get sorted.

Will update you all on the progress of the claim for losses.

Derek