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    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
    • Well tbh that’s good news and something she can find out for herself.  She has no intention of peace.  I’m going to ask the thread stays open a little longer.   It seems she had not learned that I am just not the one!!!!  plus I have received new medical info from my vet today.   To remain within agreement, I need to generally ask for advice re:  If new medical information for the pup became apparent now - post agreement signing, that added proof a second genetic disease (tested for in those initial tests in the first case but relayed incorrectly to me then ), does it give me grounds for asking a court to unseal the deed so I can pursue this new info….. if she persists in being a pain ? If generally speaking, a first case was a cardiac issue that can be argued as both genetic and congenital until a genetic test is done and then a second absolute genetic only disease was then discovered, is that deemed a new case or grounds for unsealing? Make sense ?   This disease is only ever genetic!!!!   Rather more damning and indisputable proof of genetic disease breeding with no screening yk prevent.   The vet report showing this was uploaded in the original N1 pack.   Somehow rekeyed as normal when I was called with the results.   A vet visit today shows they were not normal and every symptom he has had reported in all reports uploaded from day one are related to the disease. 
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DVLA : Important info-new rules from 2011 for insuring vehicles that are off road.


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From 1st.January 20011,if there is no record on the MID (Motor Insurance Database) showing a vehicle is insured,which has not been declared as off road by a Sorn,the registered keeper will recieve a warning letter advising of a fine,prosecution,or clamping.

 

All vehicles that are not registered by SORN -even if they are not being used are included.

 

Vehicles that are Sorn registered remain unaffected,and there remains no requirements to insure the vehicle.

 

More details;

 

http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Motorinsurance/DG_186696?CID=Continuous_Insurance&PLA=DM&CRE=Furl

Edited by MARTIN3030

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I was under the impression it was from 1st.January 2011.

Maybe they will tell on the MID website.

I got wind of it with a notice included in my renewal forms this week.

Presumably its being sent out now with all of these.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Vehicles without a SORN have seen enforcement action taken for being unlicenced-so I think they will be using that database-but maybe they will all be configured together to give them recourse for enforcement action more speedily.

They already have most angles covered.

Maybe this is being introduced for those whose vehicles DO have Tax and MOT but have not been declared Sorned.

Its a pain for those who may have temporarily taken their car off the road for example because needs work or parts and cancelled their insurance pending that being sorted.

This means now that they will have to Sorn the car whilst awaiting that or else keep insurance in force.

For a motorist who is paying £50-£100 a month for insurance its a blow.

MID say that unisured drivers cost the UK more than £500 million a year.500 vehicles are seized every day.

300,000 offenders are convicted for uninsured driving every year.

But the new rules do not distinguish between a motorist whose car is genuinly off road uninsured to someone driving up the road while uninsured.

Surely the ANR the Police are using already can identify those real offenders.

Looks like another potential backdoor earner for the Government.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I wonder if that is the reason for the delay implementing it, plus the differences between the requirements of the Vehicles Excise and Registration Act 1994 in respect of vehicle licences, and Road Traffic Act 1988 in respect of insurance.

Currently a vehicle that is not on a public road can be SORN under V.E.R.A.1994, but if that location is a road or other public place under R.T.A.1998, insurance is required.

 

We've just renewed our insurance and nothing in the paperwork about it, I would think there would be some information/advertising from the government if it was happening so soon.

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  • 1 month later...

It seems that the DVLA will be in charge of Continuous Insurance Enforcement with all th problems that will bring.

 

I wonder how they will cope with a neighbour's land rover. He uses it intermittently for "Mud Plugging" and only insures it for those occasions. For the rest of the year he allows me and several others to use it on our own "RTA only" insurance (You bend it you mend it).

The present wording of the law cannot cope with that just as it cannot cope with hire cars that are only insured during the hire period and lease hire cars where the registered keeper has the responsibility to insure but is not the owner and therefore does not give a damn if the car gets crushed. The latter have special provisions made for them but what will happen to the owners of classice and vintage cars that are only insured for the dutation of the events and where the car is tax exempt. It is a cock-up waiting to happen and the DVLA will no doubt take full advantage in the issuing of penalty charges.

The continuous registration debacle was supposed to bring in £30,000,000 a year but actually costs the taxpayer £18,000,000.

When your insurance ends mid month are your prohibitted from using the car for the first half because it must be SORN'D for the whole month or are you allowed to use it up to the last day of the insurance and only SORN it at the begining of the next month?

There are too many pitfalls that will be used to make the motorist pay more.

I am waiting to see who is the first to post about geting "fined " for no insurance.

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Another minefield.....you buy a new car, park up the old one in your drive which still has tax and test left.

Cancel that insurance and transfer to your new vehicle while you try to sell the old one 'taxed and tested'.

Under these rules you are now liable unless you sorn and send back the tax disc.

No refunds for part months but the new buyer must tax it from the beginning of the month so potentially the government get 2 months tax for the single month.

Yet more money grabbing ........how they can keep banging on about honesty when they pull tricks like this beggars belief.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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That's one of the problems, the proposed s.144A, Road Traffic Act 1988 introduces the offence of keeping a motor vehicle which does not meet insurance requirements, as against using a motor vehicle - s.143:

 

s.144A (1) If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.

 

It then has sections on how a vehicle meets those requirements, but again, except in sub section 5, does not mention 'use', only 'vehicle'.

Edited by Raykay
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In this years accounts for the year 2009-2010 the DVLA admit that the Vehicle register is only 97.1% accurate ( 96.7 previous year) which means that there are about 1.25 million vehicles whose record is inaccurate. That probably accounts for the majority of the so-called uninsured vehicles on the road. the rest are hardly going to be put off.

 

A young lad buys a very cheap car for cash with ten months MOT and tax then gets someone with a declared interest to insure it RTA only for a few pounds and lo and behold it passes all roadside checks. Only the lad driving is not insured. and already banned so TWOCing is not a problem to him but the insurance companies are loosing out.

 

For this when my insurance on the camper van runs out on the 27th June and i don't use it again untill September. My choice is simple, either I cease to use it for the last three weeks and SORN it or re-insure. either way I lose out. I would normally leave it taxed and only insure for the next outing.

 

The insurance companies are laughing all the way to the bank and the DVLA are waiting to pounce with the proposed £1000 penalty charge.

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  • 2 weeks later...

Can't see this is legal even. What if the vehicle is under foreign insurance? It is still insured and quite legal. If someone else has insurance to drive it then again the vehicle is covered by the minimum legal requirements. I see this as a big con and will not stop the problems that should be addressed. Just another tax on the public for cash strapped government.

 

Basic third party insurance and road tax could be on fuel. That way if you buy fuel you have road tax (VED) and third party cover. If people want fully comp then they have the option to pay for this. Problem solved and 90% of DVLA staff could given more appropriate positions, e.g. pot hole repairing. That would keep them very busy for years to come.

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Problem solved and 90% of DVLA staff could given more appropriate positions, e.g. pot hole repairing. That would keep them very busy for years to come.

 

I'd rather just see them all lying in the road filling the pot holes, much more useful then. ;)

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Thanks for the link mm.

There was some confusion as to when it was actually starting.

Even the media is confused-I heard one radio station reporting it was from April 1st.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes agreed.

Especially in consideration of those enthusiastic traffic wardens.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes agreed.

Especially in consideration of those enthusiastic traffic wardens.

 

Well for a traffic warden (or similar) to see it, then that would suggest the car is being used on the road without valid insurance, which I fully support. The ones I am concerned with, is the many people who chose to take their car off the road, and do not for one moment consider the need to keep it insured.

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No I was thinking about those who maybe live on council estates and are not using the car for one reason or another.

I know someone who has one parked outside his place and is waiting for insurance claim after someone ran into side.Tax is still ok but he has cancelled insurance since its not being driven.

I informed him yesterday of the new rules and he didnt believe me.

I agree with concerns over those uninsured who are driving-but theres already a very good chance these will be caught bt existing measures such as ANPR.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I agree with concerns over those uninsured who are driving-but theres already a very good chance these will be caught bt existing measures such as ANPR.

 

Hence, we always come back full circle to the question; what the hell is the new rule for?

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Good question.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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No I was thinking about those who maybe live on council estates and are not using the car for one reason or another.

I know someone who has one parked outside his place and is waiting for insurance claim after someone ran into side.Tax is still ok but he has cancelled insurance since its not being driven.

I informed him yesterday of the new rules and he didnt believe me.

I agree with concerns over those uninsured who are driving-but theres already a very good chance these will be caught bt existing measures such as ANPR.

 

 

if its parked on a council estate, its still on the public highway so would need ins, even before this rule

 

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money grabbing rule.

I have read the act am I right in thinking that you will get a fixed penalty for not having insurance or will you also get points etc?

 

If it was your car Tommy I think prob yes you would get both,

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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money grabbing rule.

I have read the act am I right in thinking that you will get a fixed penalty for not having insurance or will you also get points etc?

 

Fixed penalty only (no points unless you're caught using it - same as now) but re-read the relevant part of the Act again. Carefully, and think "SORN fpn cos DVLA lost the form / Interpretation Act". Only, you don't need to think "Interpretation Act" because they've actually repeated the relevant part of that Act into the new legislation! Of course, sending cash through the post unregistered isn't normally recommended........ ;)

 

Pretty unenforceable IMHO. At least the first time you're caught - note that they only "may" offer an FPN in lieu of prosecution, so making a habit of having bundles of tenners lost might not go down well.

:!:Nothing I post should be taken as legal advice. It is offered as an opinion only.:!:

 

This warning is in my signature because I'm not organised enough to remember to type

it in every post.

 

And you're considering trusting me????:eek:

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My Old man has an old Landie, that he takes of the road and SORNS, it is on private property, not that the SORN notice askes you where you are keeping your vehicle, it is now insured under a multicar policy, however we do not think that it is fair that the DVLA only reimburse you a portion of the tax disc that you surrender, nor the fact that you have to do so, so many days before the end of the month to get even the whole of the next month taken into account, can't they work out daily or weekly rates at the DVLA, don't they own calculators, forgetting the fact that there is one on every desktop in the land!!??

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