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Untaxed vehicle


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I got a letter from the dvla that says they have photographic evidence of my car on the road (6/9/2017) and if I did not pay an out of court settlement of £361 by 29/9/2017 they would send it to court to get it.

 

I haven’t taxed it since March and I have taken a few months off work to do some home projects, but I got busted the other day going into town, as above.

 

They say that even if I tax it then the penalty of £361 still stands and I have to pay it to them.

 

Can they do this?

 

Also I just went online to get it taxed and it says that I have not paid since Nov 2016,

I am sure I taxed it in Spetember 2016 and it ran out in Feb/beginning March 2017…

 

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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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The Late Licensing Penalty is treated as a civil matter.

 

Using or keeping an unlicensed vehicle on a public road is a criminal offence, if the out of court settlement offer is not paid, it is a matter for a court case in magistrates' court.

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  • 5 months later...

Yes.

PUBLIC being the operative word. Law is funny around this point but the SORN doesnt allow it to be just left in a car park.

is this something they can do to me even though my license is revoked? being in a public car park not on the road
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Yes.

PUBLIC being the operative word. Law is funny around this point but the SORN doesnt allow it to be just left in a car park.

 

A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989

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A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989

 

Yes and no. The marked spaces in a car park are not subject to the RTA. The roadways are. So a vehicle in the roadway even within a car park must have everything that it needs (VEL, insurance, MOT etc).

 

But assuming that the vehicle was parked in a space, as it normally would be when parked in a car park, then the 'public car park' is a bit of a red herring.

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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Yes and no. The marked spaces in a car park are not subject to the RTA. The roadways are. So a vehicle in the roadway even within a car park must have everything that it needs (VEL, insurance, MOT etc).

 

But assuming that the vehicle was parked in a space, as it normally would be when parked in a car park, then the 'public car park' is a bit of a red herring.

 

A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply.

For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.

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A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply.

For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.

 

Ahh yes, you are correct. My mistake. Although it's probably not helped by the fact that legislation plays 'mix & match' with what it defines as a road. :lol:

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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Try driving round a public car park with no tax, no insurance and no driving licence and see how long it takes for the police to stop you and apply the RTA .

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There was a case of a chap who got lost following his satnav and drove up a farm track and got stuck. When he called for help he got doen for driving without due care ad attention. This begs the question as to why the law applies on private land and also WHAT other road users?

 

If the law is misapplied the yu can bet your bottom dollar it will be misapplied in the circumstances outlined here. The original case law regarding display of tax discs was in Cheam Library car park and the judge said that it didnt matter how the vehicle got there it was only how it was when the CEO ticketed it that was important so there is some protection from the law but the OP will soon have his car removed and also get a further series of bills for the priviledge

Edited by honeybee13
Paras
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If the farm track was considered to be 'a road or other public place' within the meaning of the Road Traffic Act 1988, then a charge of careless driving is possible - s.3 of that act.

 

If Cheam library car park was not considered to be a 'public road' within the meaning of the Vehicles Excise Act 1994, the judge was correct that there was no a requirement to display a vehicle licence.

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OP has not been here since sept 2017

 

thread now closed due to newbie bumping since then

 

start a new thread

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
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Thanks

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