DVLA trying to rape me

[sharky_70 0]

so ive got a mk2 on a SORN

for a few months at the begining of the year it was parked in a parking area to the rear of my flats

at one stage i reveived a notice on the car from property management saying that it was illegally parked as it was untaxed and in private residents parking. so i thought nothing of it, as if it is private parking then as a resident i can park it there with SORN

fast forward to April, i get home from work to find a clamp on the car from the DVLA. the sheet under the wiper was official, had the number of the local enforcement office and the fine ammount. but nothing to say what date or time the offence was committed

so i phoned up and they told me i had to noon that day to pay or the vehicle would be towed, so i paid and the car was released, and i rolled it into another bay. this was after speaking to property mngmnt who said that original place was infact public highway and that new space was def. private

so i took the hit. had a few letters from local DVLA nazi's asking for some more info so i dutifuly replied as an unstanding taxpaying citizen.

got a letter through yesterday saying that they were preparing a case against me and that i should expect a summons.

SO anyone had any experience like this? or know where i stand? what i can expect?

seems a bit harsh to me to be expected to pay out AGAIN when i already have and moved the car (now garaged) let alone the threat of 5k fine and 2 years of bum raping in Bellmarsh that the dvla website suggests

[pimpcat 0]

sounds extreemly stupid to me if its a private space surely they cand do fudge all!!

[Coyney26 0]

Mate sounds like your getting DONE!!! Go and see the cizizens advice burea or if not phone the police and ask them! I had similar problem when i couldn't tax the car because of MOT, i phoned up the local bobby and they said not to worry you have 1 to 2 months to get, but the DVLA were ready to rape my ass in court??!!!

I dont think they have a leg to stand on as now its's been moved and as long as you have paper work from your landlord it should be all sweet, i would say though it sounds like someone is reporting you..... you prob have a grass in your area!!! Good look anyway man!

[anna 0]

sounds extreme for sure duno though where you stand we have a garage block up near me residents parking council garages my mate has 2 untaxed cars parked there for ages no one has complained or anything

[Coyney26 0]

You lucky!!! I just managed to get a garage by my council flat because peolpe were moaning about me cleaning her????!!! People need to get a life! So now they hear the roar from my engine in the confinds of my garage every morning at 5am!! Wankers!!

[sharky_70 0]

well been on the phone to CAB who were less than useless, just read what was on the dvla website out to me like i was some kind of illiterate dimwit who cant use the internet. i asked if they had a free legal advice service (i knew they did cos its on the website) and they said no because im not on benefits.

so phoned the dvla enforcement office, who said the fine ive already paid was just the ncp clamping release fee and surety in lieue of valid tax disc

also explained that they could not offer me an out of court settlement (rape) as the car has been untaxed (although SORN) for too long, and that if they did want to settle this way it would be to reclaim the duty for the period the car has been untaxed

likely to get a court summons in 4-6 weeks and that the magistrate should see my case for what it is, a genuine mistake and thet ive been fully cooperative with the dvla, which should go in my favour. so worst scenario is a few hundred quid. so if thats the case i'll have a mk2 breaking a shell to scrap!

[daleyboyVR6 6]

I would go to court as you say and plead your case, as far as i was aware unless you can prove it was on private land then looks like you'll be fined. The onus is on you to prove it. Mitigation is the way to go, just be very apologetic and say it wont happen again, and point out like you say it was a genuine mistake. I wouldnt bank on the fact that just being a private space is your way out, the DVLA iirc are quite specific in what they call "off the road" Private land is one thing but a private parking space is something else.......... :S

[Hairyarse 0]

Dales right I think, check where DVLA stand on 'private' and then get your proof of fact your car is now on private land, if indeed it is.

I had a bad experience quite a few years back, had a Mini had bought and planned to restore out front of house and wasn't taxed (naughty me so fair cop guv!) Never drove it or anything but in a close so thought doing no harm.

Anyway, this was in days before SORN and they sent me a bill for not just when I had owned the car ( a few months) but for all the years it wasn't taxed as off road with previous owner. Bill was about £1500 so forced me to scrap the car! Bastards!! (And all because a neighbour grassed me up as wanted the parking space for their second car

Nuff of my rant, good luck with it

[pimpcat 0]

hairyarse if i was u i would have introduced ur neighbour to my friend the bat

[Guest Nero1701]

sugar in the fuel tank?

[BADOIR 2]

Ronson gas cannister down the exhaust into the back box????????????????? (li) :-*

[daleyboyVR6 6]

Na a lovely big spud right up the exhaust pipe.........vroom, vroom.......BANG!......... :-p

[Guest Nero1701]

Martin,your a bad bad man!!!!

Remind me not to pi$$ you off!!!

[Hairyarse 0]

LMAO. I got even, will leave it at that

[The Monk 50]

Hairyarse, i'd have just bought a £200 banger with as much mot/tax as poss and left it standing in the space and maybe a large sign "they are gay ------>" pointed to your neighbours house lol.

As for the o/p's crap situation.....I recieved a fine from the dvla after my vr had been sat in a garage without tax....they wanted £700. The neighbour complained, hence why they got in touch.....this a week or so after i denied him ability tro use my garage while i was at work.

I pissed through his letterbox and argued the point that dated photos proved It was in pieces and non drivable...they dropped the fine to 200 and i happily paid.

[BADOIR 2]

Martin' date='your a bad bad man!!!!

Remind me not to pi$$ you off!!!

[/quote']

Ialso find a Super-soaker full of brake fluid does the trick on a late-night drive by lol.... :-*

[sharky_70 0]

right thought i'd update this a bit...

after several back and forths with the DVLA they had informed me that the area that the car was parked was infact part of the public highway, albeit poorly maintained and not marked as such. (so much for the public coffers...)

the correspondence included them asking ME to provide them with a sketch map of the area in question, and it was implied in their letter that this would be in my suport. they took this sketch to the council (who incidentaly not got back to me about the same matter) who confirmed that it was part of the adopted highway.

so a few weeks go by, until i receive a letter informing me that i should expect to receive a court summons. thanks. so not only have i already paid over £200 but now they want to fine me further for the VED for the period that the car was covered by the SORN, even though the period of the offence was 6 months, the rest of the time the car was garaged.

SOoooo... last night got home to find my court summons on the door mat, was told previously by te DVLA that copies of all correspondence would be included but they have ommitted the sketch I PROVIDED for them which kind of indicates that they didnt know where the car was parked? i mean even with parking tickets dont they now have to provide photo evidence to prove it? so why isnt this the same?

and of course the paperwork isnt exactly clear. i am going to plead guilty as i admit that i had, albeit not to my knowledge, made a false declaration. i believed that area was residents parking and not part of the road.

i know i'll get a fine, how much depends on how they feel i guess. will this count as a motoring conviction though? i mean will i have to decalre this to my insurance? and will i have a criminal record? i know its fairly minor in the scheme of things, but i am genuinely bricking it

[Jamesr_VR6 0]

First off buddy i would gather all evidence you can, this can include photographic evidence of where the car was and where it is now / all correspondance between you and the DVLA / All correspondance between you and the proeprty management guys.

Write very detailed notes that are like a story from start to finish eg. the date you got the sorn sorted tot he date you where clamped etc etc.

The more information you ahve to hand the better, the DVLA will be as underhanded as they can to get money out of your pocket, you need to be ready for this.

Ive had many coming togethers with the DVLA regardings sorns / parking tickets / traffic offences and the like and ive always won merely by being prepared.

I had a court summons for having a car as SORN in my garage, i provided date stamped photographs of the car which was essentially a rolling shell, the case was dropped as it was deemed un-driveable.

The end goal here is to admit you were wrong but damage limitation is key.

If you provide photographs and they dont, then your onto a winner, if any of their dates are incorrect as to what you ahve proof on, again a winner.

Good luck with it matey and i hope its not to bad!!

[sharky_70 0]

thanks mate

unfortunately the correspodance with the property management was done over the phone so its on my word which i know in court wont mean anything

got some photo's of the space in question this morning, hopefully that should go some way to defending my original position that i was unaware it was still part of the highway

difficult part will be proving the car was garaged up until the end of '08 as otherwise they will try and get 3 years of tax out of me

[Jamesr_VR6 0]

difficulty for them is proving it more like? they cant just say "it was garaged for three years" and expect you to provide eveidnce if they dont have any.

If it was like that they would be screwing everyone!!

[sharky_70 0]

well exactly but i cant see the court backing me on that. i mean theyre assuming that because it was caught on the highway for that period it was there for the entire period

also with regards to the map i provided them... if they havent disclosed that in the documents, and also nothing photographic then can they prove i was even parked there? cos about 10 metres along there are off the road spaces that i was informed by the property co are properly private, and in fact i moved my car into a space there until i could clear the garage

[Jamesr_VR6 0]

Well you have two options.

1) plead guilty and claim you didnt know it was public highway, and that you have since removed the vehicle and located it in a private garage, and hope they go easy on you.

OR

2) plead innocent, claim the car has always been parked in the private garage and you only located it in that space for general repairs to be made, however you where un-able to complete the repairs and return it to the garage as you were waiting for parts to be delivered to fix it and so forth could not return it.

If you go with number 2 they will have an extremely hard time proving you wrong as they will probably not be expecting it

[sharky_70 0]

OR

2) plead innocent' date=' claim the car has always been parked in the private garage and you only located it in that space for general repairs to be made, however you where un-able to complete the repairs and return it to the garage as you were waiting for parts to be delivered to fix it and so forth could not return it.

If you go with number 2 they will have an extremely hard time proving you wrong as they will probably not be expecting it

[/quote']

not sure i wanna risk that. just my luck that they would find against me and i'd get the max fine

[Jamesr_VR6 0]

Very hard for them to prove though

[VR6Nat 9]

sorry to hear about this one mate, but i dont think lying is the way forward in the case, i think you have to just bear the brunt of it and move on.

see if you lie then you get yourself all tangled up, they will ask what part you were waiting on, why you couldnt move the car without it? is there reciepts to prove purchase and delivery note to show it came after etc etc.

Just go the honest route and keep them fingers crossed.... Good luck!!!