3. Unlicensed keeping of a motor vehicle Court Threat From DVLA
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disgruntchelt

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #15 on: March 26, 2025, 09:36:38 pm »
If you pay the £94 is that it? Or could they still come after you for more later.

If that’s it take it, it will cost you more than £94 to take a day off work even if by some miracle you win in court.
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mr-jp

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #16 on: March 26, 2025, 09:59:18 pm »
Quote from: NewJudge on March 26, 2025, 08:58:21 pm
So your defence will be:

“Yes, my car was on a road when I’d declared it off road and not paid tax. But it wasn’t that road. It was another road.”

I’d think long and hard before running that if I were you. (In fact that’s wrong – I wouldn’t have to think for very long at all  8) ).

Haha I know it seems crazy but if the allegation is factually incorrect then wouldn't it be void legally? Sure they could then penalise me for it being on my friends road but they would have to start the whole process again & I could then pay £94 & finally put an end to this.

I've seen people win parking fines before this same way. E.g. If a pcn says u entered a bus gate at 7:05pm but video footage shows u entered exactly at 7pm & ur car wasnt there at the alleged time then the allegation didn't happen.

& I've also had a speeding ticket cancelled based on a camera calibration certificate not being upto date too
« Last Edit: March 26, 2025, 10:00:58 pm by mr-jp »
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mr-jp

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #17 on: March 26, 2025, 10:03:16 pm »
Quote from: disgruntchelt on March 26, 2025, 09:36:38 pm
If you pay the £94 is that it? Or could they still come after you for more later.

If that’s it take it, it will cost you more than £94 to take a day off work even if by some miracle you win in court.

Too late for £94 now. If I plead guilty I guess I'll be paying around £700+ & if I lose in court I guess I'll be paying £1100+ but I don't have much to lose at this point tbh
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Southpaw82

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #18 on: March 26, 2025, 10:10:05 pm »
Quote from: mr-jp on March 26, 2025, 09:59:18 pm
Haha I know it seems crazy but if the allegation is factually incorrect then wouldn't it be void legally?

Only if proving the precise road the car was on is an essential ingredient of the offence.
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andy_foster

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #19 on: March 26, 2025, 10:18:50 pm »
And if the court refused to amend the information.
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mr-jp

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #20 on: March 26, 2025, 10:24:15 pm »
Quote from: Southpaw82 on March 26, 2025, 10:10:05 pm
Quote from: mr-jp on March 26, 2025, 09:59:18 pm
Haha I know it seems crazy but if the allegation is factually incorrect then wouldn't it be void legally?

Only if proving the precise road the car was on is an essential ingredient of the offence.

The exact offence is this "on 08/09/2024 you kept or used an unlicensed vehicle on a public road OAKSHADE ROAD, while a SORN was in force, contrary to Section 29 of the Vehicle Excise and registration Act 1994..."

Is the precise road not essential in this case? Genuinely asking
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andy_foster

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #21 on: March 26, 2025, 10:53:18 pm »
That is not the exact offence. And no.
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Dave Green

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #22 on: March 27, 2025, 10:04:38 am »
Quote from: mr-jp on March 26, 2025, 10:24:15 pm
The exact offence is this "on 08/09/2024 you kept or used an unlicensed vehicle on a public road OAKSHADE ROAD, while a SORN was in force, contrary to Section 29 of the Vehicle Excise and registration Act 1994..."

Is the precise road not essential in this case? Genuinely asking

For offences such as speeding, the precise road is important due to differing speed limits on different roads or sections of roads.
In the case of the offence in question, the offence occurs irrespective of which public road or section of that road the vehicle was on.
It's the same case for lack of insurance or when required, lack of a valid MOT. The offence is the fact of the vehicle being on a public road, not on a particular public road.
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mr-jp

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #23 on: April 14, 2025, 01:07:58 pm »
Update: Thanks for the help everyone this case has now been resolved with me paying the original cost of £94!

After taking in the responses here & getting some advice from a motor solicitor (who said the judge would just ammend the incorrect location in court).

I decided in the end to plead guilty but explain the situation to DVLA in the mitigating circumstances box. I told them I had no problem with paying the original fine in the beginning but them giving the wrong location & no evidence made things harder. I asked them to take that into account when deciding my fine.

A case officer then called me a few days later & said he read my response. Asked if I wanted to settle out of court at the price of the original fine!
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Freecall

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Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
« Reply #24 on: April 15, 2025, 10:30:10 am »
Good result for you then I guess.  ;)
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