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    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Can a PPC (claimant) refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
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      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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SORN'd/Un-insured car(s) parked on public road!


sailor sam
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It amazes me reading the many stories in this forum about cars being clamped, towed and fines being dished out within days of running out of tax or re-newing SORN late. Well i've been reporting 2 cars for over 2 weeks now which are not only parked but also being used on a dialy basis without displaying current tax discs. The one is displaying a disc which expired Aug 09 and the other is not displaying a disc at all.

 

Guess what; when I checked online with the DVLA, one car is showing as currently SORN'd and the other un-licenced since Aug 09! I also checked on the MIB web site and... yes, you guessd it, both are showing as having no insurance!

 

Dispite me reporting these 2 cars (parked within yards of each other in the same street) over the last 2 weeks nothing has been done so far.

 

Any thoughts fellow legitimate, fully payed up members of the driving club?

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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Mmm, may try that but the problem is the said cars tend to move around during the day so they obviously aren't abandoned... and I got a fairly good idea what kind of response I would get from our LA!

 

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Contacted the LA today and just as I expected they told me that as the cars are in use, they are not abandoned and all they can do is pass the info on to the DVLA (which I have already done myself over 2 weeks ago). I wonder what would happpen if either of therse cars are involved in a RTA and someone is injured before anything is done dispite the police being aware of this? Bit different to what happens on 'Road Wars'!

 

I will keep you posted!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Good news; the old bill rang to tell me one of the cars was seized on Friday! One down, one to go!

 

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Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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You need a sign in your window now Sam:

 

I'm a PC (Political Corrector)

and getting rid of untaxed cars was my idea.

 

You'll be able to make a nice collection of bricks. :)

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You need a sign in your window now Sam:

 

I'm a PC (Political Corrector)

and getting rid of untaxed cars was my idea.

 

You'll be able to make a nice collection of bricks. :)

 

Don't care Conniff. I pay all my insurance, tax ect ect and keep fully legal. These parasites may run up the back of me one day and maybe injure my kids. Beleive me, they would wish they had insurance if they did... personal health insurance! :-x

 

Thing si, if they aren't taxed it follows that their likely to be uninsured and in this case they arn't. You should be pleased to know that the one that was seized is the one which was SORNd!

 

Please form an ordely q for the congratulations! :lol:

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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I actually agree - I am fed up of the number of unregistered, uninsured cars (driven by people without driving licences) that pick up kids from my kids schools every day.

 

The local police just sit on the motorway to catch people, so as long as the people stay off that they know they are safe. When one was reported, the police knocked on the door of the owner to ask whether it was their car, and when that was denied they "could not do anything".

 

Mind you - one person was caught a few years ago. Untaxed, uninsured, no driving licence, no MOT. Total fine £50, and points on their licence... if they ever apply for it. They drove home from the court.

 

 

So.. Sailor Sam - I would love you to come round for a cuppa :) I might just give you directions that involve the scenic route, so bring your phone!

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I actually agree - I am fed up of the number of unregistered, uninsured cars (driven by people without driving licences) that pick up kids from my kids schools every day.

 

The local police just sit on the motorway to catch people, so as long as the people stay off that they know they are safe. When one was reported, the police knocked on the door of the owner to ask whether it was their car, and when that was denied they "could not do anything".

 

Mind you - one person was caught a few years ago. Untaxed, uninsured, no driving licence, no MOT. Total fine £50, and points on their licence... if they ever apply for it. They drove home from the court.

 

 

So.. Sailor Sam - I would love you to come round for a cuppa :) I might just give you directions that involve the scenic route, so bring your phone!

 

Yeah, sometimes it makes you think; 'Why bother paying tax/insurance, if these are the penalties that are dished out?' Your example clearly shows that the 'offender' got a far better deal being an illegal driver than a legal one. What message does that send out?

 

By the way; Coffee, black with 2 sugars and shaken, not stirred!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Sailor Sam, you are not the guardian of fairness that you think you are. This whole area is one that hits the less well off. Like you, I deplore driving without insurance, but I have been hit for no tax three times recently, despite my best efforts. Without wanting to go into long ancdote, I have to park on the street because I have no garage or driveway. having a car which I knew I was not going to use for some time, I sorned it and removed it to some private land, the owner of which suddenly wanted me to remove it. I insured it and drove it to its MOT. Although I had made sure it was roadworthy, it failed on emissions, which like most motorists I am not equipped to test myself. Before I could get that fixed I was clamped, literally after one day illegally on the road. The money I had to pay to retrive it was the money I had earmarked for tax and MOT, and 24 hours after getting it back from the pound I was clapmed again.

So this is a minefield, sailor, and before reporting people or sounding off you need to consider that people like me who do everythng they can to abide by the law but still manage to get clobbered by it.

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Sailor Sam, you are not the guardian of fairness that you think you are. This whole area is one that hits the less well off. Like you, I deplore driving without insurance, but I have been hit for no tax three times recently, despite my best efforts. Without wanting to go into long ancdote, I have to park on the street because I have no garage or driveway. having a car which I knew I was not going to use for some time, I sorned it and removed it to some private land, the owner of which suddenly wanted me to remove it. I insured it and drove it to its MOT. Although I had made sure it was roadworthy, it failed on emissions, which like most motorists I am not equipped to test myself. Before I could get that fixed I was clamped, literally after one day illegally on the road. The money I had to pay to retrive it was the money I had earmarked for tax and MOT, and 24 hours after getting it back from the pound I was clapmed again.

So this is a minefield, sailor, and before reporting people or sounding off you need to consider that people like me who do everythng they can to abide by the law but still manage to get clobbered by it.

 

Please read my original post again. You will see that the said cars have been driving around for a couple of weeks. One car was showing an expired tax of Aug 09 and the other no tax disc at all but SORNd. Both vehicles were un-insured end of.

 

While I understand your plight, the whole idea of this thread was to demonstrate that there are those who seem to escape the authorities attention for many months when people, like yourself, get nabbed at the drop of a hat. From what you have said, you were clearly unlucky but did you not consider contacting the DVLA before hand and explain your plight and intentions before leaving the car on the public road while SORNd? The rules are pretty clear cut as far as I can see and there are very few (if any) exceptions. While i do not doubt your story, I would suggest that your circumstances are not typical of 'normal' breaches of the SORN rules so it is highly unlikely I would end up reporting 'people like you'. But in any event, I will continue to check on line any vehicle I see which is either not displaying a current tax disc or one that is signiffitantly out of date and if they are indeed untaxed, I will report them. I will also (more importantly) check their insurance status via the MIB and if uninsured, report them to the old bill also.

 

I also have fallen on hard times recently, but have maintianed my insurance policy (fully comp) and re-newed my tax on time (by saving PO stamps each week to spread the cost) and have sometimes struggled to do so. Basically, if you want the convenience of owning a car these days, then you have to be prepared to pay for it like everyone else.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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I will also (more importantly) check their insurance status via the MIB and if uninsured, report them to the old bill also.

 

Whlst I applaud your diligence on this, you do realise you are misusing the MID database if you are obtaining free checks of vehicles that you do not own.

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Whlst I applaud your diligence on this, you do realise you are misusing the MID database if you are obtaining free checks of vehicles that you do not own.

 

Yes, but i'm not. :cool:

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Further update; The second car (the one SORNd) was spotted again last night so I gave the Police a reminder. It has been SORNd since Jan 2010 and is still being driven around on a daily basis. Surely you would of thought it has passed an ANPR camera within that time?

 

I'll keep you posted.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Sailor Sam, you are not the guardian of fairness that you think you are. This whole area is one that hits the less well off. Like you, I deplore driving without insurance, but I have been hit for no tax three times recently, despite my best efforts. Without wanting to go into long ancdote, I have to park on the street because I have no garage or driveway. having a car which I knew I was not going to use for some time, I sorned it and removed it to some private land, the owner of which suddenly wanted me to remove it. I insured it and drove it to its MOT. Although I had made sure it was roadworthy, it failed on emissions, which like most motorists I am not equipped to test myself. Before I could get that fixed I was clamped, literally after one day illegally on the road. The money I had to pay to retrive it was the money I had earmarked for tax and MOT, and 24 hours after getting it back from the pound I was clapmed again.

So this is a minefield, sailor, and before reporting people or sounding off you need to consider that people like me who do everythng they can to abide by the law but still manage to get clobbered by it.

 

To be fair SailorSam reported the cars for actually driving around, which is a world away from them being parked up and not in use.

 

If everybody did what SailorSam has done then we would have less uninsured/illegal cars on our roads and that to my way of a thinking is a good thing.

 

Mossy

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Mmm, 4 days after reminding the old bill, the car (a red Vauxhall Corsa) still roams the streets! Seems to be parked up overnight in the same location. I'll give it till Monday then report it again! I have to say (as in my original post), strange that there are people comming on here with tales of; 'I parked my car for a few hours on the street in readyness for it's MOT, and within an hour it got clamped!' Or 'I moved my car off the drive while SORNd breifly, went back into the house, came back after 15 minutes and found my car clamped!'... when this car has been SORNd since the beginning of the year and is still getting away with it, even after its been reported about 3 times now!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Further update; The second car (the one SORNd) was spotted again last night so I gave the Police a reminder. It has been SORNd since Jan 2010 and is still being driven around on a daily basis. Surely you would of thought it has passed an ANPR camera within that time?

 

I'll keep you posted.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

 

 

ANPR cameras are mainly used on the motorway, as that gives them the maximum number of cars per minute, or a dual carriageway. They don't bother with built up areas/ back streets, so people who stick to those are managing just fine - even when they park illegally and collect parking tickets. No idea how that works as my parking tickets always have my tax details on, so it is obviously checked!

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ANPR cameras are mainly used on the motorway, as that gives them the maximum number of cars per minute, or a dual carriageway. They don't bother with built up areas/ back streets, so people who stick to those are managing just fine - even when they park illegally and collect parking tickets. No idea how that works as my parking tickets always have my tax details on, so it is obviously checked!

 

Mmm, but don't traffic cars have ANPR cameras fitted? In any event, I'm trying to demonstrate that some people (the more determined law breakers) seem to be able to evade the DVLA (in respect of tax issues) and the police (in respect of insurance issues) for a signifitant amount of time despite being reported when others who say they have been caught in some cases in less than an hour of their car being placed on the road and the DVLA have swooped out of nowhere!

 

OK there were 2 cars which were parked in the same street (both un-insured) and one has been seized. But the other (SORNd) continues to get away with it. Why can't the police clamp it? well I did ask them and the reply was; 'we have to actually catch it being driven'. Does this mean that its OK for it to possibly be involved in an accident while the police know its being kept on the road while uninsured and SORNd? Surely the police have the power to remove the car from the road while it is parked up? How does this protect the inocent motorist (or pedestrian) from being hit by an un-insured driver?

 

As for issuing a parking ticket with the tax disc details on, in this case it would be tricky as it hasn't got a tax disc on display!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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I have never seen a traffic car off the motorway (or access roads to the motorway), they certainly don't bother us in the village. Maybe we are not typical, in that we have a motorway wending its merry way through a largely rural county?

 

In this county I suspect that if you live on the roads that lead from the police stations onto the motorway (or quiet, side streets that can be used to avoid the tail back and still get to the motorway) you would be picked up within 24 hours of having left your car there without tax. If you stay in a quiet, out of the way village, just using the car to shop, go to the post office and pick the kids up from the local school, then you probably have years before anyone bothers you.

 

Of course if you live in the same road as a traffic officer, then your chances are probably pretty poor as well :)

 

Maybe the reason for the discrepancy is that simple?

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Yes Mossy, I know but the 'Volvo' estate type cars have i'm reliably informed. It appears that this Corsa has managed to dodge the police for over 6 months now so it's doe 'well' to avoid the ones with ANPR fitted! You would also think that not displaying a tax disc would at least attract a ticket while its parked up in the street!

 

My main concerrn is what happens if its involved in a serious accident AFTER the police know its driving around without insurance? I cannot believe there is nothing they can do unless they actually see it being driven.

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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  • 2 weeks later...

Update; Said car passed me in the street yesterday so rang DVLA today and sure enough, its still showing as being SORNd. This morning (as usual), it was parked in the same spot in the street where the on-street parking is limited to 2 hours (between 8am and 6pm) so the car is never there between those times. I've told the police it appears to 'leave home' between 9 and 10am but yet it still evades them! There's me thinking that they would act as they do in 'Road Wars'!

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Down here in Essex, with programmes on like "Police interceptors" you get the impression that it would be impossible to drive around with no tax.... yet I have also had a persistent "car tax dodger" driving his car around my area!

 

There are always ANPR vans parked up. Further to this, traffic cars as well as the anpr intercept teams are usually floating around... yet some still slip through the net..

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