unlicensed car parked on public road - mitigating circumstances

[consumermujahid]

I am a cab driver.

 

I own two cars and a rent my cab.

 

My wife left her job in September 2013.

 

Did not need to car so filed a Statutory Off Road Notification (SORN) on 30 September 2013 for the surplus car.

 

I put this car in the garage which is in the back garden of my house and accessible only through a gated-locked alleyway.

Only my neighbours, who have their garages in their back gardens, have keys to the and thus, access. It is not open to public.

 

On Saturday, 7th September 2013, a friend and his family come to visit us in the afternoon.

We parked his car in the alleyway beside my garage.

While there, decided to put bikes and some other stuff in the garage and therefore got the SORNed car out and parked it outside the garage.

 

We came back home and spent quite a few hours e .

At about 21.00 hours when we went back to the garage to get my friend cars

and also put the bikes and my car back in the garage,

we noticed that the gate was unlocked and just in front of my car a flat bed low loading car transport trailer was parked

with a full load of car transporter ratchet straps in a large open holdall on it.

 

Our immediate reaction was that somebody was going to steal the car and we probably disturbed them and they might be around.

Scary thought.

 

We waited for half an hour for someone to appear and justify the trailer.

Also discussed calling the police but did not do so because on weekend night in London

they are real busy and also it could be embarrassing if only it was some neighbor who parked the trailer.

 

However, could not also leave the car back in the garage as garage door could be opened easily by just pushing it.

Also, if somebody meant to steal the car, they probably had the key to the gate.

 

Winter night, raining and very cold and also mid-night approaching,

decided to park the car in front of my door in the street to put it back in the Sunday morning (Sunday) when things had cleared.

Before that my son took few pictures of this trailer especially its registration number.

 

Sunday, early morning my next door neighbour rang the bell and told me that my car has been clamped.

I told him the whole thing and he said that actually someone has left the trailer for him!!!

 

Spoke to the clamping people not very helpful rather intimidating.

No DVLA on Sunday.

Had to pay £260 (£160 refundable).

Got tax disk Monday morning.

 

Had to visit NSL Office (clamping contractor).

 

This time the dealing lady was very polite and helpful.

 

Completed the paper work and was told that need to do nothing more as they were doing it on behalf of DVLA and as I have already taxed the car.

 

Happy thereafter – no.

 

Now exactly six months after (8 June 2014), am in receipt of requisition to appear before the magistrate to faces the charges,

fine up to £ 1000/ and a criminal record as I have not responded to a letter from DVAL seeking some information posted by them on 10.12.2013.

 

Never received any letter, no reminder absolutely nothing.

 

Will appreciate advice!!

I intend to plead not guilty.

Edited June 11, 2014 by consumermujahid
make more readable

[dx100uk]

cant see sadly there is any thing you can do.

 

you placed an unlicensed vehicle on the public highway.

 

others will comment further in the morning.

[BankFodder]

I'm afraid that there will be zero tolerance over this kind of thing.

 

Best thing is to engage fully with the authorities. Explain the story but get ready to bite the bullet

[Conniff]

It wasn't a case of moving the car out and putting bikes in and then replacing the car, you left the car on the road for days. there are no mitigating circumstances.

[consumermujahid]

It wasn't a case of moving the car out and putting bikes in and then replacing the car, you left the car on the road for days. there are no mitigating circumstances.

 

Thank you conninnif. It was not days. It was just overnight. From midnight to morning. I have witnesses and few photographs as well.

[veganite]

whether it is days or just overnight or simply 2 or 3 minutes makes no difference. The car with the SORN was on a public road and that is the reason why it was clamped.

 

i wish you well in your plea of not guilty - but I can not see how you are not guilty since the car was on a public road when it shouldn't have been.

[dx100uk]

imho someone shopped you

 

I doubt they would have been in the area

 

and with the anpr running

 

I 'don't think' they NSL are allowed to just tour around looking for 'pings' either?

 

dx

[consumermujahid]

Hi,

Thanks you all for input.

 

But could you pl. give your opinion on these three points

 

i. DVLA say they sent me a notice within two days of clamping that I did not receive.

Then they just sat on it for 6 months without sending a second notice or anything.

Although keep in view I was fully engaged with DVLA by paying the un-clamping fee and buying the Tax disk.

they had my address and particulars all the time

 

ii. I have witnesses about the circumstances, the car was parked on the public road and I had a garage and sufficient space in a gated locked private alleyway.

 

iii. I have pictures of the trailer and statement of the person who put the trailer.

 

Although two other thing,

 

one the address of alleged parking is wrong as well my date of birth which they have given on the prosecution notice.

 

May be they sent the initial letter on a wrong address.

 

If the service of initial notice is doubtful, can they insist on prosecuting me?

 

Thanks

 

thanks

[consumermujahid]

HI,

Can anybody pl. responds the last post.

Thanks

[ashmk]

This will all boil down to you parked the car on a public highway while it was SORN.