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DVLA Court Summons - Advice appreciated!

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  • DVLA Court Summons - Advice appreciated!

    Hello everyone,

    I'm hoping someone can give me a bit of advice on this horror show of a situation. Here goes...

    I've been summoned to court by the DVLA over an old van that me and my band used years ago. It used to be in the name of the drummer but he left years ago and the van's not in a working state. The van is parked on private land (it's been there since the end of 2008) and we thought (wrongly) that it had been declared SORN. The van was spotted by someone at the start of the year and reported it to the DVLA who clamped the vehicle (the vehicle had an old tax disc which we think caused the vehicle to be reported). We paid the £230 for the clamp to be removed, only for our old drummer to receive a letter stating that the vehicle had not been declared SORN since the end of 2008. We signed the vehicle in my name as it's not been anything to do with him for years. I wrote a response to the DVLA stating it's been on private land, had no tax, MOT, insurance, etc and that it's not been in a working state (we'd happily scrap the thing to be honest). However, I then received another letter a few months ago advising they were referring the case to a court. Yesterday a letter was delivered to me with a court date and also stating the fine can be up to £1000, and if I plead guilty I'd also have to pay £90 towards legal costs as well as a further £808 for the duty period between 2009 and the start of 2013.

    Have I got a leg to stand on here or do I just plead guilty and hope they don't charge me the maximum? I'm not sure whether it'd be worth pleading not guilty given our/my ignorance towards the SORN rules. It'd break my heart knowing we've wasted this much money on a van that's probably not worth much more that a few hundred quid!


    Thanks in advance.
    Tags: None

  • #2
    Re: DVLA Court Summons - Advice appreciated!

    Why didn't you scrap it?

    Comment


    • #3
      Re: DVLA Court Summons - Advice appreciated!

      If the van has just fairly recently been transferred to your name why are they asking you for back duty?

      Comment


      • #4
        Re: DVLA Court Summons - Advice appreciated!

        Wales01man - I'm asking myself the same question.

        ostell - We agreed that we would date the ownership back to when the previous "owner" left the band (we all chipped in for the van, he was the only one that could drive at the time).

        Comment


        • #5
          Re: DVLA Court Summons - Advice appreciated!

          can you backdate a vehicle reg document?

          Comment


          • #6
            Re: DVLA Court Summons - Advice appreciated!

            The previous "owner" gave them my details (I agreed this with him), I had to fill out an "unlicensed vehicle" document stating I was the new owner since the end of 2008. I specified that it's on private land, etc (as above) but they've referred the matter to court.

            Comment


            • #7
              Re: DVLA Court Summons - Advice appreciated!

              Okay, Jay. Let's clarify a couple of things. When did the drummer leave the band and when was ownership of the vehicle transferred to you?
              Life is a journey on which we all travel, sometimes together, but never alone.

              Comment


              • #8
                Re: DVLA Court Summons - Advice appreciated!

                1. How soon is the court hearing?
                2. Have you had any disclosure from the DVLA & VEAS e.g. all documents and all photos that VEAS took of the van?
                3. Did the van, when clamped, look like a wreck?
                4. Where was the van parked? Was in e.g. on a drive v. close to a house?
                5. As Bluebottle asks, when was ownership transferred to you?
                6. Why did you pay to have the clamp removed if the van isn't in working state and you wouldn't mind scrapping it? This is a relevant question - I'm not criticising you for paying to remove it.

                Comment


                • #9
                  Re: DVLA Court Summons - Advice appreciated!

                  Has anyone got access to the Continuous Insurance Enforcement (CIC) Regulations?

                  I can't find it on http://www.legislation.gov.uk/all?ti...%20Regulations

                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: DVLA Court Summons - Advice appreciated!

                    Originally posted by charitynjw View Post
                    Has anyone got access to the Continuous Insurance Enforcement (CIC) Regulations?

                    I can't find it on http://www.legislation.gov.uk/all?ti...%20Regulations

                    It's the Road Safety Act 2006: ...and the relevant section is section 22:...or if you want the Act in a single pdf:
                    Explanatory notes for the legislation are here:

                    Comment

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