3. DVLA penalty for untaxed vehicle
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DVLA penalty for untaxed vehicle
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I have received a penalty notice from the DVLA for an untaxed vehicle. It says that they have received evidence that a vehicle that is registered to me was being used or kept while untaxed. It goes on to say that I must pay £114. Is it possible to avoid this charge?


Further info:
The vehicle in question is a classic car which does limited mileage and I may have moved it onto the road from my driveway in order to gain access to the garage (as I have done on many occasions).
There is no proof of this evidence on the DVLA website or in the correspondence sent to me, however I cannot deny that the vehicle had ran out of tax. Unfortunately I forgot to SORN the car over winter.
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Re: DVLA penalty for untaxed vehicle
« Reply #1 on: »
There is no proof of this evidence on the DVLA website or in the correspondence sent to me, however I cannot deny that the vehicle had ran out of tax. Unfortunately I forgot to SORN the car over winter.


You clearly know the binary options: tax or SORN.

You did neither.

Their proof is that a certificate of destruction hasn't been raised, therefore the car exists, and this VRM is neither taxed nor SORN'd.

IMO, it's this simple in principle and confirmed on the DVLA website:

 Being the registered keeper of an untaxed vehicle.   This is identified from DVLA records


But what is your intention, to tax(so that you can go to shows etc) or SORN?

IMO, all that could be at issue is the amount of the penalty.

Where's their letter?
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Re: DVLA penalty for untaxed vehicle
« Reply #2 on: »
My intention is to SORN for now. It will be taxed after I get it MOT'd.

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Re: DVLA penalty for untaxed vehicle
« Reply #3 on: »
The other pages pl i.e. the grounds on which the penalty could be disputed.
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Re: DVLA penalty for untaxed vehicle
« Reply #4 on: »
There are no other pages. It's a single piece of paper. The backside of which is as below.

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Re: DVLA penalty for untaxed vehicle
« Reply #5 on: »
@coxic I've moved this to the relevant part of the forum, this has nothing to do with council PCNs.

By your own admission you kept a car that was neither taxed nor SORNe'd, so you appear to have no defence to the allegation. The fact that any reminder letters might have been lost in the post or even never sent in the first place is irrelevant, the offence is not dependent on you receiving anything from DVLA. If you have not SORN'ed the car yet, I suggest you go online and do that right now.

As for the out-of-court settlement, see what others say but I think it's the least damaging outcome you can hope for. If this goes to court it will cost a lot more, and in the absence of any defence it would be a pointless exercise.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: DVLA penalty for untaxed vehicle
« Reply #6 on: »
If it was neither taxed nor sorned, an offence under S31a Vehicle Excise and Registration Act 1994
 appears to have been committed. The only defence seemingly available would be if the vehicle is exempt from VED.
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