Unlicensed Vehicle Fine But Vehicle Was Declared Sorn

[sammy-jo]

Urgent Help Please! I bought new car in March 13' as my old Tigra was going off road as the heater matrix had blown and the foot wells were full of water. anyway, I do admit that when the tax ran out at the end of march i had forgotten to sorn the vehicle and when I received a reminder I put the letter down, meaning to deal with it but completely forgot again, so by then it was about 6 weeks overdue. I went online to declare sorn but it wouldn't let me so I rang the DVLA who sorned it for me but they said I would have to pay 2 months tax, ok I accepted that. the guy I spoke to also said that I would get a letter requesting payment for the 2 months through the post, but it never came. then, a couple of weeks later 17/04/13 to be precise, a DVLA van pulled up outside my house and a guy jumped out and started taking pictures of my car. I informed him that the car was sorn, but he just jumped back in his van and drove off. I then rang the DVLA and they said there should be no problem as they could see in their system that the car was indeed sorn and that they had no idea who sent the van out to take the pics. they suggested that I ring my local council as it may be due to the car being parked in a council owned carpark. upon speaking a guy at the council, I am told that there was nothing in their system that was flagging up my registration number as being a problem, so was told to go back to the DVLA. Back to the DVLA I go, yet still they say the car is sorn. PILLER TO POST AND BACK AGAIN....GRRRRRR! well today 20/06 I receive a letter from the DVLA under the heading: UNLICENSED VEHICLE T*** TFW for £105 and stating that it was seen on a public highway at the time and date stated earlier (by the guy in the DVLA van). the phone number on the letter only gives me the option to pay or cuts me off so will have to appeal in writing but I know they won't be interested, they just want my money! where do I stand? our landlady told us that she rents a garage opposite the parking space and that the space is included, but as she no longer lives at the address, she gave us permission to use the parking space. so as far as I can see the space is being paid for and we have her permission to use it, so how and why are the DVLA fining me? i'm really sorry if this is hard to read but I am new to this forum and I couldn't figure out how to separate paragraphs! Any advice will me hugely appreciated

[bluebottle]

Re: Unlicensed Vehicle Fine But Vehicle Was Declared Sorn

The muppets in the DVLA van are not DVLA employees. They are, in fact, employees of a private company called VEAS which is part of Capita, aka The Cock-Up Kings, who also run TV Licensing for the BBC. VEAS are just as bad as their oppos at TVL for being very economical with the truth.

I would challenge DLVA to produce evidence that the vehicle was, in fact, on a public highway at the material time and also challenge VEAS to produce the same evidence. If VEAS have made a false statement to DVLA whereby you are being caused loss, or exposed to loss or the risk of loss, i.e. DVLA's "fine", this could amount to Fraud by False Misrepresentation on VEAS's part. Such offences cover employees up to and including the CEO and the company. Capita employees working for TVL have been prosecuted and jailed for lying to the courts about alleged TV Licence dodgers. Perverting the Course of Justice is a very serious offence and carries a severe penalty, i.e. up to life imprisonment.

Get a letter off to DVLA and VEAS requiring them to produce the evidence within 14 days. If they fail or refuse to produce evidence - they would be very foolish, IMHO, if they did - come back onto this thread and we will help you proceed matters further.

[sammy-jo]

Re: Unlicensed Vehicle Fine But Vehicle Was Declared Sorn

Thanks Bluebottle, I also noticed that the address stated on the letter (where the van was "photographed on the highway") says Cornfield Drive but my address, where the car is sat sorn, is a road off Cornfield drive with a different name. in this case does that mean that, like a parking fine, if any of the details are incorrect, the fine is null & void???

[bluebottle]

Re: Unlicensed Vehicle Fine But Vehicle Was Declared Sorn

The backdated tax is valid, but the "fine" is, in all probability, invalid and/or unlawful, in the circumstances. Is where the vehicle was parked, a private road or private land? VEAS have clamped or reported vehicles parked, lawfully, on private roads with a valid SORN in force and, then, had to withdraw their statements and pay compensation for unlawful detention/interference with property. The problem is with the contracts under which they operate. These are "payment by result" contracts which, unfortunately, encourage private-sector contractors to commit fraud in order to maximise their income from the taxpayer.

The questions that need answering are -

1. Is where the vehicle is currently kept a public highway or part of a public highway?
2. Is where the vehicle is currently kept private land or a private road?
3. Can you obtain evidence from the local authority that it is private land or a private road?

As far as the discrepancy regarding the name of the road is concerned, this brings into question the veracity of any statement made to DVLA by VEAS.

If you can clarify matters, it will be easier to advise you more accurately.

[sammy-jo]

Re: Unlicensed Vehicle Fine But Vehicle Was Declared Sorn

the vehicle is parked in a council owned carpark. there are 6 garages with parking spaces opposite. our landlady said that she pays £30 per month to rent the garage from the council and the parking space opposite the garage is included, to which we have her permission to use it. I presume the carpark is still classed as on the highway as it is council owned??? - not private land/Road so point 3 not valid in this case. the only evidence I may be able obtain is a letter from our landlady stating that she is renting the garage and has given us permission to use the space. that's if she is still renting it and if I am correct about the facts! we haven't seen her around for a few months, but that doesn't mean she has vacated it or hasn't come over when we weren't around

[bluebottle]

Re: Unlicensed Vehicle Fine But Vehicle Was Declared Sorn

Check with the local authority as to the legal status of the place where the block of garages and parking bays are, i.e. is it part of the public highway or not. If the council confirms it is not part of the public highway, both VEAS and DVLA are on a sticky wicket. If it is part of the public highway, move the vehicle to private land PDQ and pay the fine PDQ also.