DVLA : Car SORN AND off the road and still received fine

[tony12uk]

Hi All

 

I am in need of some desperate help before I get ripped off by the DVLA.

 

My car is declared off the road and is in deed off the road and I have received a letter from the DVLA stating that iy had been spotted with no tax and they were offering me an out of court settlement of £230. I wrote to them and said it would have been spotted off the road behind my house on a grass verge but I have the car SORN'd. I have now received a reply from them saying that the law has changed recently and that fine can now be issued to cars declared off the road even when they are off the road. They have then said they will still accept an out of court settlement of £230.

 

Surely this can't be the case because what would be the point of SORNing your car?

 

Any help would be greatly appreciated.

 

Thank you

 

Anthony Dunn

[sailor sam]

If your car is parked on private poperty and not on any part of a public road or highway which is maintained at public expence and your car is properley SORNd and during which time it has not ventured what so ever onto a public road or highway then you cannot be fined.

[tony12uk]

Thanks for your reply.

 

I need help in how to reply to their most recent letter.

 

The letter was as follows:-

 

Thank you for your recent enquiry concerning a report allegingthat on 18/01/2011 motor vehicle registration mark **** *** had been seen unlicensed.

 

From 1 October 2008 changes to legislation mean that enforcement action can be taken against unlicensed vehicles even if kept off the road. Your vehicle has been seen at Abbey Hey Lane, Manchester and an offence has been committed.

 

However, I am prepared to offer you a final opportunity to pay the out of court settlement of £230 requested in our previous letter. Please make your cheque or postal order payable to 'DVLA' and return with this letter to the above address. We are unable to accept installments. If you wish to pay by debit/credit card please phone the above number.

 

Full payment must reach this office by 2/03/2011 to avoid court action.

 

 

If anyone can help me with a letter I would really really appreciate it.

 

Thanks Tony

[Raykay]

From their letter, it looks like they are claiming for an unlicensed vehicle rather than a SORN vehicle on a public road.

Have you confirmation of the SORN declaration? You can check on the DVLA vehicle enquiry website.

[tony12uk]

In fact after re reading it whilst I was copying it to this thread I thought the same thing so I checked the DVLA website and did a vehicle enquiry and it says there is a SORN in place and it doesn't expire until 01/08/2011. I knew I had done it.

 

So what now please?

[Raykay]

I don't understand their claim then, as Sailor Sam has said, if the vehicle is on private land and not on a public road the SORN is valid.

[tony12uk]

Exactly, so how shall I respond considering this is their second letter as a response to my original letter disputing the claim?

[Raykay]

You could confirm that the vehicle is SORN, is off the road on private land and has not been kept or used on a public road since the SORN declaration was made and that there is no requirement for a licence.

[tony12uk]

But this is the thing, I did that in my first letter to them and that is what they replied with so I don't know what to say now!

[Raykay]

Possibly include photographs of the car at the location, and if it is not your land, a letter from the landowner including the fact that the maintenance of it is their responsibility and that it is not at public expense.

[sailor sam]

They obviously must think (or have information to the effect) that at some point you car has been both unlicenced and unSORNd. When did you last licence expire and was there a gap between then and declaring it SORNd? Also was there anyway at all it was driven or kept on a public road during any gap, even if it was for a very short time?

[Conniff]

Is Hey Lane, Manchester anywhere near you ??