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Dvla,sorn,court

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  • Dvla,sorn,court

    Hello,I have had a letter from the DVLA regarding a SORN offence.
    I told them it was not in my pocession at the time, and they did not accept the statement I wrote. They are now asking for a witness statement, and I need help with how to word it.
    The vehicle was SORN,
    I live in Derbyshire, and the vehicle was being kept in Liverpool on private property while being repaired, ready for selling.
    A friend of my son who laboured for him asked to use it.
    It has an mot, the friend insured it for a month and was told he would have to tax it.
    I didn't know anything about him using the vehicle until I got the offence letter as the vehicle was seen parked on a public road.
    The person had not taxed it ,when my son confronted him he said he thought it would be ok so didn't bother.
    Is there anything you can advise me to do. I suffer my anxiety and ptsd and this is making me unwell.
    Many thank
    Tags: None

  • #2
    Who was the keeper at the time of the alleged offence?

    Comment


    • #3
      It seems that you do not dispute that the vehicle was used on a public road while SORN'd and when no road tax had been applied for, even though your personally had no idea that had happened and it was without your agreement. Is that correct?

      At the time it was seen on the public road were you

      (a) the owner of the vehicle?
      (b) the Registered Keeper named on the DVLA vehicle registration document V5C ('log book')?

      If 'yes' to both then legally I doubt that you have any defence in law because the registered keeper is legally responsible for making sure the vehicle is taxed if it gos on a public road. Possibly DVLA will exercise discretion if you convince them the vehicle was being used without your permission although that may result in your son's friend getting a vist from the police and investigated for taking your vehicle without consent.

      Or you could just pay up and insist that your son and his friend repay you for what you have had to pay to DVLA.
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment


      • #4
        I was the legal owner at the time of the offence, and I didn’t know anything about it.
        I will try again to do my statement as to why I shouldn't be responsible for the charge and name the person who failed to tax it when he said he was going to.
        Thank you for the replies

        Comment


        • #5
          I'm afraid you are somewhat "banged to rights".

          A vehicle must be either taxed (and insured) or declared SORN and kept off road. Any transgressions with either of those are the responsibility of the Registered Keeper (RK).

          I will try again to do my statement as to why I shouldn't be responsible for the charge and name the person who failed to tax it when he said he was going to.
          But you are responsible for the offences. So long as you are the RK the responsibility to see it is either taxed and insured or declared and kept off road is yours. You cannot transfer those responsibilities to anybody else.

          Because of this, whoever you name in your statement, the DVLA cannot take any action against them. I would be very surprised if the DVLA see it any other way and I think you should prepare the people who took your car on to the road without your permission to put their hands in their pockets.
          Last edited by HandyAndy; 21st August 2024, 21:57:PM.

          Comment

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