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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Caught for keeping vehicle with no insurance **PAID FINE TO DVLA COURT CANCELLED**


xxxxhelpxxxx
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Hello,

 

I received a court summons for January from dvla.

They sent me a letter back in November for having no insurance and I responded.

 

 

Pleaded guilty but put a note on there saying that the car had been off the road since last November/December as the injectors and the steering rack had gone.

It still had tax and mot

 

Under the single justice procedure they have decided that I am to be taken to magistrates court for trial "owing to the reasons given".

 

The charge is

 

On 24/06/16 at "town", you were the person in whose name a vehicle, namely Motor Vehicle "registration number", was registered under the Vehicle Excise and Registration Act 1994 when it did not meet the insurance requirements of section 144A of the Road Taffic Act 1988.

 

Contrary to section 144A of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988

 

This car has not moved since November 2015.

I drove my partners car for a few months and then got a new car myself.

My old car into have a SORN (yes stupid I know).

 

Anyone know what sort of penalty I'm likely to get.

I am supposed to be working on the day of the trial but it gives no option of not attending court. Certainly don't want a warrant out for me or anything like that!!

Edited by xxxxhelpxxxx
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I take it the car was stored on a public highway then?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It wasnt insured so the charge is valid. Thats why SORN exists.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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ah yes the chicken and the egg sorry.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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depends on circumstances tbh. normally a fine, and/or points.

 

https://www.gov.uk/vehicle-insurance/uninsured-vehicles

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A level 3 fine + any costs etc. - No points.

 

I agree.

 

Level 3 (maximum £1,000) is what statute says it is, but statute also allows for points and or disqualification (but unlikely here).

However, the statute then gets interpreted, via the Magistrates Court sentencing guidelines (p.130 applies here)

https://www.sentencingcouncil.org.uk/wp-content/uploads/Final-MCSG-July-2016-1.pdf

 

There are advantages for the OP attending court (both in terms of the court looking more favourably on people who attend, plead guilty and express remorse, as well as the mitigation of this being more "failed to make a SORN" than "failed to have insurance and used the car", which the OP can bring to the court's attention more easily if they attend.

Noting that the car wasn't driven at all will reduce the culpability, and pleading guilty will reduce the fine (usually by a third).

 

Band C has a starting point of 150% of "relevant weekly income" (p. 148), so with a 1/3 reduction : 100% of "relevant weekly income" (with a maximum of £1,000, if the OP earns takes home more than £1,000 per week!).

If the OP is on benefits, expect £120. If the OP doesn't complete a means form, expect £440 (but in court they might then ask you why you haven't completed the means form if pleading guilty ....)

The court isn't bound to use these exact figures, but the guidelines are there to give some degree of consistency across courts and across benches within the same court.

 

Add to that any costs order made, and any victim surcharge.

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Level 3 (maximum £1,000) is what statute says it is, but statute also allows for points and or disqualification (but unlikely here).

 

That would be the penalty for using a vehicle with no insurance - s.143, Road Traffic Act 1988,

 

The penalty for s.144A is different - sch.2, Part 1, Road Traffic Offenders Act 1988, as amended by s.22, Road Safety Act 2006.

Level 3 fine only, no points or disqualification.

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  • 2 weeks later...

If found guilty. Yes. It's declarable

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If your licence becomes endorsed as a result then yes you will have to declare any endorsements so as not to invalidate cover. Most insurers ask fir a copy of your licence nowadays and bet your bottom dollar any endorsements will be on an insurance database.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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If your licence becomes endorsed as a result then yes you will have to declare any endorsements so as not to invalidate cover. Most insurers ask fir a copy of your licence nowadays and bet your bottom dollar any endorsements will be on an insurance database.

 

It is not an endorseable offence, it could depend what the insurance company ask.

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In my experience when it comes to insurance, always best to disclose and let them decide if its relevant or not. Better than non disclosure and potential cancellation of policy.

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I called DVLA yesterday.

 

 

I realised I hadn't sent back the statement of earnings and that may be why I have to go to court.

 

spoke to them and they said that,

as it hadn't gone to court yet

I could pay the £100 fixed penalty fine

and the case would be cancelled!

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hey well done

I think that's a sensible outcome.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 1 year later...

Still do not understand why your case was cancelled - I am in a situation where my car is SORN'd but I am not insured.

 

Occasionally the car leaves the garage unit and placed outside my home so I can maintain and clean up that area.

 

Usually takes me a total of 2-3 days when really changing between the seasons.

 

Am I risking a fine if I have no insurance? How is that even checked...?

 

I visited the main site and found no answers, but did manage to get the main number which is the government contact.

Not prepared to sit on the phone so I figured I could get an answer here on the message board.

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Whether or not you are risking a fine depends on a few factors...

 

If the car is SORN, then you do not need to have the vehicle insured.

Although the best advice would be to still maintain a policy of insurance 'fire & theft only'.

 

However. You go on to say that the vehicle is sometimes placed outside your home.

 

1. How does it get there?

2. Define "outside my home". Is this on the road, or on a driveway?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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