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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
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mdmu

SORN Vehicle Fine without Warning or Clamp

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Posted (edited)

Dear members

I've been given a £340 fine from DVLA (pictures attached) which I would like to dispute and need your kind help with.

 

A- The background:

  1. I had an old runaround which I wasn't using at the time and was considering putting back on the road when my wife passes her test. 
  2. We have a residential car park behind our house which, to my knowledge, is council property. To my knowledge, yes, it is technically maintained by them (although they never actually carry out any maintenance and repair the craters AKA potholes).
  3. Now and then we get abandoned cars and the council puts notices on them and then removes. Last time they came round, I asked the officer and he told me I will be fine to leave my car there as long as I SORN it, which I did. 
  4. Based on online reading I have now done, I think he was either just talking from the perspective of vehicles the council removes and not the DVLA's perspective, or he just got it wrong. 
  5. In hindsight, I understand I should have been smarter and not taken his word and double checked and not left the car there as it seems it might still be deemed as on the public road. 
  6. Unless someone has any strong evidence otherwise, I'm happy to concede I made a misjudgement and am looking for advice on what to with the fine now. It was an innocent mistake in the sense that I never meant to do anything wrong or dodge any rightful charges. 

 

B- Things that don't seem right or could potentially be avenues to explore:

 

  1. They didn't give me any warning, clamp or notice and just removed the car suddenly.
  2. I received the letter telling me of it being impounded after 8th Feb which is when it was already destroyed (although it is dated on 5th Feb). I can't think of how I can prove which day I received the letter though, even if that's of relevance.
  3. They have spelled the name of the car park wrong by writing a double N at the end of the name instead of one N, so "***nn" instead of "***n" 
  4. The original impound letter says they search for vehicles that don't have tax or SORN and they said my vehicle met neither, but it was SORN'd which they acknowledge in the second fine letter. I might be reading the letter wrong though. 

 

C- Things I would like advice on:

  1. Is it worth telling the DVLA my sob story in the hope of some sort of concession or full/partial let off and if so, what's the best approach for that (call/letter, etc.)?
  2. Is it just an urban myth or can fines actually be contested on technicalities like them spelling the name of the car park wrong or implying I didn't have it SORN'd in the first letter?
  3. Do they have to give a warning or anything or can they just impound the car immediately and is that a worthwhile line of complaint? If they put a warning/clamp for a few hours, my neighbours and I might have missed it (they would have told me if they saw something). 
  4. What is likely to happen now and what's the best avenue for me to explore?

 

D- Potential Actions I have thought of:

  1. Write a long letter to dispute the fine based on all of the above (so plea for compassion as well complaint)
  2. Only appeal for compassion for now
  3. Dispute on the grounds of the car park name being wrong, if that's even a thing
  4. Dispute on grounds they gave no warning/notice 
  5. Any other combination of above, or something else you can recommend

 

I'd really everyone's thoughts and input. 

Thanks

Impound Letter 01.png

Fine letter 01.png

Edited by mdmu

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If it is a car park, a  SORN declaration would be valid - a car park is not a road (Clarke v Kato 1988).

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when was it SORN'ed? can you print this off from the DVLA web?

was it insured?

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