DVLA SORN Out of Court Settlemet

[Eranuuu]

Hi I have a classic car that’s been in with a mechanic for over 2 years… I had made SORN when it went in. He finished the works and I then drove it to a body shop where it stayed another 3/4 weeks, I got a letter from the DVLA requesting an out of court settlement for £1547 as they have got evidence I drove it on the road. Crazy amount. Is it worth going to court with proof it was at the mechanics. Seems really unfair they backdate tax due from 2 odd years ago plus % and fine… I wrote to them and got a generic reply and not even an offer to pay in instalments. How does this work anyone been to court? I have a few cars all taxed…seems unfair.

[HandyAndy]

If you take this to court the guidelines suggest you will face a fine of around a week’s net income and the court can also order the entire unpaid tax to be paid. You should note that the guidance is for a maximum of 12 months unpaid tax, so you may be fined more than that. The maximum fine is five times the annual duty or £1,000 (whichever is greater) but if the court does decide to fine you the maximum (which is very unlikely) you must be granted a one third discount off the fine. You will also pay a surcharge of 40% of the fine and costs of about £100. You will also have the opportunity to ask to pay by instalments.

You would, however, also have the opportunity to explain the circumstances to the court (i.e. that is was only on the road for a short time between workshops) and provide proof of that, hoping they take a more realistic approach .

The problem with the DVLA and their out-of-court settlements is that they are very prescriptive and are just calculated from a formula. They are a very blunt instruments whilst courts can adopt a more subtle approach.

How much is the annual duty for the car?

[PallasAthena]

Aren't classic cars exempt from road tax? Or does yours not meet the DVLA criteria?

[HandyAndy]

They must be at least 40 years old.