DVLA referral to court for UNSPECIFIED offence.

[Barney74]

I have been sent a court date for an UNSPECIFIED offence for a vehicle I purchased in February. I bought the car for my children to drive around the farm. I SORNED it online the same day, and never thought any more of it. Then got a summons for court saying I have committed an offence.

Exact wording:-

On 10/04/2017 at UNSPECIFIED, kept on a public road, namely UNSPECIFIED, a mechanically propelled vehicle, namely FORD XXXXXXX, which was unlicensed. Contrary to section 29(1) and (3) of the vehicle excise and registration act 1994.

The car has been on my property since February, I looked online and the SORN now says untaxed! I have never had any paperwork for the car except this court letter. (so they obviously got the keeper transfer, I just never got the V5) The car is not taxed, insured or MOT's as it is used around the farm 2 miles from the nearest road.

I have got a witness statement from the person I bought the car from (a friend) who knows it came to my property and never left. I have several other vehicles I drive, all of which are legal, taxed etc. Been buying end of life cars for years to use on the farm and never had this issue. Do they have to produce proof on this UNSPECIFIED offence? Or is it likely I will turn up, show them all my evidence and it be sorted out easily. I was offered a reduced fine if I pleaded guilty! Is this even allowed?

[Kati]

Re: DVLA referral to court for UNSPECIFIED offence.

Hi [MENTION=104359]Barney74[/MENTION] ... to LB

I'll tag [MENTION=39710]des8[/MENTION] and [MENTION=71570]R0b[/MENTION] for you. They should hopefully be able to help

Have you actually received a court summons for this 'offence' or is it a fine??

[Barney74]

Re: DVLA referral to court for UNSPECIFIED offence.

I have a court date after I pleaded not guilty to the offence instead of paying a reduced fine.

[Kati]

Re: DVLA referral to court for UNSPECIFIED offence.

I have a court date after I pleaded not guilty to the offence instead of paying a reduced fine.

and they've still not told you what/where the 'offence' was :0

- - - Updated - - -

hopefully R0b and des8 will see their tags soon and be able to help

Have you acknowledged receipt of the claim (do you do that for DVLA ones??)?

[Barney74]

Re: DVLA referral to court for UNSPECIFIED offence.

Thanks for the help Kati, I think because I replied to the fine letter it counts as an acknowledgement. Neither the original fine letter or the court letter state anything other than the information I put in the original post.

[Kati]

Re: DVLA referral to court for UNSPECIFIED offence.

Thanks for the help Kati, I think because I replied to the fine letter it counts as an acknowledgement. Neither the original fine letter or the court letter state anything other than the information I put in the original post.

could you post up a redacted copy of the letter at all?

[des8]

Re: DVLA referral to court for UNSPECIFIED offence.

Hi


Do you know the exact date you took delivery of the vehicle and when you declared SORN?

[Barney74]

Re: DVLA referral to court for UNSPECIFIED offence.

It says the court date and some advice on appearing before a magistrate and then the extract I put in the beginning, thats all. No information or evidence of the offence.

[Barney74]

Re: DVLA referral to court for UNSPECIFIED offence.

I took delivery of the vehicle on 10/02/17 and sorned it the same day.

[des8]

Re: DVLA referral to court for UNSPECIFIED offence.

Could the vehicle have been seen on the road on 10 Feb before you declared SORN
In other words 1) at what time of day did you take delivery?
2) where did you take delivery? Was it away from your farm
3) if not your farm, how did you transport it to your farm?
4) at what time did you declare SORN?

[Barney74]

Re: DVLA referral to court for UNSPECIFIED offence.

The car was driven to the farm with our trade plates on, it was on the road for around 30 minutes, it still had 3 weeks MOT and the old owner had not even posted the green slip to have the tax returned. Trade plates mean you can drive a car without tax or MOT as long as you are just moving the vehicle, which we were, from the old owners house to the farm. The date of the offence is 2 months later 10/4/17. I declared SORN in the evening between 6 and 9 probably.

[des8]

Re: DVLA referral to court for UNSPECIFIED offence.

So unless the car was driven on road before you took delivery, there has been no offence.

Turn up at court with all your evidence, bring witnesses rather than a witness statement and challenge them on when (time) and where exactly and proof.
It is possible they will withdraw on the steps of the court house (not unknown!)

[Barney74]

Re: DVLA referral to court for UNSPECIFIED offence.

Thanks des8, unfortunately the friend I bought the car from is on holiday on the court date, if they allow my kids and my partner to be witnesses then I am covered! Hopefully it can be resolved, can't afford to be fined for an offence I haven't committed. All seems like computer fishing for extra income to me, I am sure some people pay the reduced fine because it's less money than a day off for court!

[seduraed]

Re: DVLA referral to court for UNSPECIFIED offence.

This may seem an odd question. But have you used the car on a bridleway? If so I believe the vehicle counts as being on a public road.

[des8]

Re: DVLA referral to court for UNSPECIFIED offence.

I think this is possibly a fishing attempt by the DVLA bully boys.

It seems a little odd that they can summons you without specifying time and place of the "offence"
If you refuse to back down and it goes to an actual hearing surely they will have to produce evidence that the vehicle was seen at such and such a place at such and such time.

Anybody got further thoughts or knowledge on procedure here?