DVLA untaxed vehicle fine. when car is SORN

[zombie]

its the orange car

[PallasAthena]

I also believe that the repairs to my parking spot are down to me.

Then that should be sufficient to show that vehicle tax is not required.

I would go back to the DVLA with a copy of the land registry plan and state that the place where your vehicle is kept is private property and is not a public road maintained by the council (might be worth a call to the council to double check that first)

The contractors that the DVLA use to identify untaxed vehicles probably do zero research to find out if a parking place is or is not a public road.

I meant to ask earlier, is your vehicle insured? Because of the different definitions for insuarance and taxation your vehicle may well still have to be insured. If it's parked in a place like that shown in the post above it's probably somewhere "to which the public has access" so insurance would be required.

[zombie]

Yeah I've posted pack the form with a photo copy of the registry & the outlined boarder of house a car spot, & a photo of my car parked in the space. Just wait & see what they reply.
I wasn't aware of the insurance thou, I though if it was SORN you didn't need it.

just checked the government website for sorn

[R0b]

Yeah I've posted pack the form with a photo copy of the registry & the outlined boarder of house a car spot, & a photo of my car parked in the space. Just wait & see what they reply.
I wasn't aware of the insurance thou, I though if it was SORN you didn't need it.

What exactly is the allegation being made by the DVLA? I think several of us have asked in one way or another but you have not yet answered the question. Are you able to quote word for word the allegation or offence being committed?

[PallasAthena]

Insurance and SORN - as posted earlier it's a bit of a legal minefield. DVLA guidance seems to assume that the definitions of when insurance is required and when tax is required are the same. They aren't but I suspect that in practice they enforce them as if they were the same because their contractors with the ANPR cameras are unable to make judgements using two different criteria or decide what 'public access' means.

Even if not required your vehicle could of course be stolen or set fire to/vandalised.

[zombie]

"What exactly is the allegation being made by the DVLA? I think several of us have asked in one way or another but you have not yet answered the question. Are you able to quote word for word the allegation or offence being committed?"

We have received evidence that at 10:22 hours on 9/02/2024 this vehicle was being used or kept whilst a Statutory Off Road Notification declaration was in force in (address). it is an offence to use or keep a SORN'd vehicle on a public road and are records show you were the keeper on the date

[R0b]

"What exactly is the allegation being made by the DVLA? I think several of us have asked in one way or another but you have not yet answered the question. Are you able to quote word for word the allegation or offence being committed?"

We have received evidence that at 10:22 hours on 9/02/2024 this vehicle was being used or kept whilst a Statutory Off Road Notification declaration was in force in (address). it is an offence to use or keep a SORN'd vehicle on a public road and are records show you were the keeper on the date

Based on that, I am inclined to agree with post#12 by PallasAthena. It seems the allegation is that you declared a SORN but the vehicle was supposedly spotted on a public road.

I think the Robert White v City of Westminster case referenced by HandyAndy is irrelevant here because the contravention was based on an entirely different act with an entirely different definition. If the definition to go by is as per the Vehicle Excise and Registration A ct 1994, then it is up to the DVLA to prove the car was parked on a road that is maintained repaired at the public expense. So long as you can show the land is private and local authority has no obligation to maintain it, then I think no offence can be made out by the DVLA.