Tax penalty notice advice?

dannyboy1985

dannyboy1985

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Ok, just need a bit of advice.

I have put an old a3 that has been sorn for 7mo in for mot. I was selling had a buyer waiting to purchase after mot. After finally passing and selling to the new buyer I have got a penalty notice for driving while sorn at a specific date and time that the garage had my car! They stated it needed a run out for emissions as had been sat. Does anyone know is it worth contesting the fact with the DVLA that it was in for mot? Fine is £250 worth contesting? TBH I can’t be bothered going to court for it although it wasn’t me driving. Any advice would be very welcome.

Cheers
 
dannyboy1985 said:
Ok, just need a bit of advice.

I have put an old a3 that has been sorn for 7mo in for mot. I was selling had a buyer waiting to purchase after mot. After finally passing and selling to the new buyer I have got a penalty notice for driving while sorn at a specific date and time that the garage had my car! They stated it needed a run out for emissions as had been sat. Does anyone know is it worth contesting the fact with the DVLA that it was in for mot? Fine is £250 worth contesting? TBH I can’t be bothered going to court for it although it wasn’t me driving. Any advice would be very welcome.

Cheers
Click to expand...

Surely that can be contested as the vehicle was in the process of being made road legal and it was in the care of an MOT centre.
 
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we never take cars out onto the road to warm up for an emission test. Does the garage have trade plates it could have been using at the time :whistle2:
 
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Did you inform the garage that the vehicle was on SORN, as if this was the case, then I believe they should have used their trade plates when road testing the car. If you didn’t, then I don’t know the legality of driving the car during the MOT test when the car is on SORN.
 
If you didn't had an MOT and driven the car to get it, you are fine. You would still need a road tax, tho.

You shouldn't be driving it at all and garage either. Either there was a need to run it for the emission test or not. Sornthere for a reason.

What you could do is, get the buyer to tax it so you could go for an MOT.
When you tax a car in the beginning, mid or by the end of the month, it will still be taxed from the 1st of that month. Buyer wouldn't loose on it, as he would've done it anyway in order to drive away after purchase.

Tbh, I don't see grounds to contest it in court.
Bite the bullet and remember valuable lesson for future.

Sent from my CLT-L09 using Tapatalk
 
I would contest as it’s the garages fault for taking the car out. There’s no requirement for the test so probably going out in the car to get the butties for the lads.
 
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If you were driving to a pre booked MOT test centre then there is no issue with the car on SORN.
 
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Just to clarify car was delivered to the garage. Has since passed the mot and is now taxed and insured. Unfortunately during that time has been clocked before the mot was issued.
 
Unfortunately you can't appeal.

When you take a vehicle back on the road after being SORN. First thing you must do is cancel the SORN declaration before you take it on the public highway.

You can only legally drive a car without an MOT to get to the MOT station

For future reference process is

1. Remove SORN so thereofore pay for road tax
2. Insure
3. MOT

https://www.uswitch.com/car-insurance/how-to-sorn-a-car/

Only chance of getting any money back is from the garage. If you had notified the garage the car was SORN then they should have used trade plates before taking it on the road. That said they might challenge this if you drove the car to the garage in the first instance. I expect you might have to go as far as a solicitors letter or small claims court to get any money back
 
Last edited:
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Garage was aware it was off the road. Also, you can’t tax a car without an mot.
 
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The brake test can be done on the road so you could argue the garage was doing a brake test for the mot.
4wd cars/trucks can be brake tested with a box and essentially they slam on the anchors at a certain speed and see what it registers. Only ever seen it done once a while ago.
 
Just for comparison.
My sister went to re-tax her car (for Feb 1st) on 27th Jan but found out it’s MOT had expired on 15 Jan. She contacted DVLA and they told her to sorn the car until she had it MOT’d as without the MOT she cannot tax the car. She asked where she stood regarding driving it to an MOT station and they said it was fine as long as it was booked in and that garages are licenced to road test cars especially after component changes. Once tested she was to re-tax immediately unless keeping it off road. She got the MOT done yesterday and then taxed her car.
 
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I’ve just been down to the garage and they are going to call next week to see what can be done. Basically said as above was in for mot driven by a tester so they should be able to sort it. Fingers crossed!
 
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audi upgrades
Update it’s been dropped by the dvla!!! Haha
 
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Glad it’s sorted but just for future reference you can drive a motor vehicle that is SORN’d (and without tax) to a pre arranged MOT and back home without any penalty. You must have at least 3rd party insurance cover on the vehicle.
 
TomBlueS3 said:
Glad it’s sorted but just for future reference you can drive a motor vehicle that is SORN’d (and without tax) to a pre arranged MOT and back home without any penalty. You must have at least 3rd party insurance cover on the vehicle.
Click to expand...

Yes, but doesn’t state what happens when someone else is driving aka mot test centre after repairs. Just glad it’s sorted.
 
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