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#Post#: 116931--------------------------------------------------
DVLA SJP – vehicle clamped despite prior representation – advice
please
DIR By: Angel1977
Date: April 24, 2026, 6:19 pm
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Hi all,
I would really appreciate some guidance on a DVLA Single Justice
Procedure Notice I have received.
Timeline:
• 28 Nov 2025 – I submitted a full written representation to
DVLA (case ref 2529128) explaining that:
– the vehicle was immobile due to battery failure
– I had an active Direct Debit which was not collected
– I had been advised incorrectly regarding SORN requirements
• DVLA acknowledged receipt
• 5 Dec 2025 – The vehicle was clamped and removed despite that
representation
• 10 Dec 2025 – I submitted a formal follow-up/appeal via the
DVLA online system (accepted and acknowledged)
• Dec–Jan – I received generic responses but no clear
confirmation that my appeal was being properly processed
• 2 Jan 2026 – DVLA issued a penalty notice alleging no valid
response
• Now – I have received a Single Justice Procedure Notice
Key issue:
The DVLA witness statement says no reply was received, which is
factually incorrect as I have acknowledgements of my
submissions.
Key points:
• I did engage and respond before enforcement action
• The vehicle was immobile and not being used
• I relied on incorrect DVLA guidance regarding SORN
• Enforcement action appears to have proceeded despite my
representation
Questions:
Does this sound like a defensible “not guilty” position?
Should I rely on the earlier representations as my defence?
Is there anything specific I should include or avoid in the SJP
response?
Any guidance would be greatly appreciated.
Happy to upload the SJPN or any specific pages if that would
help.
Thank you.
#Post#: 116933--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: FuzzyDuck
Date: April 24, 2026, 6:55 pm
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What does "I relied on incorrect DVLA guidance regarding SORN"
actually mean?
#Post#: 116936--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: Angel1977
Date: April 24, 2026, 7:16 pm
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--- Quote from: FuzzyDuck link ---
>
> What does "I relied on incorrect DVLA guidance regarding SORN"
actually mean?
>
--- End Quote ---
Thanks for coming back to me.
By that I mean that when I contacted DVLA previously regarding
the vehicle, I was advised that a SORN could only be made once
the vehicle was physically off the public road, for example in a
garage or on a private driveway.
As I do not have access to a private driveway or garage, and the
vehicle had become immobile due to battery failure, I understood
from that guidance that I could not declare SORN while it
remained parked on the street.
Based on that understanding, I did not submit a SORN at that
stage and instead sought to resolve the situation once the
vehicle could be moved.
In hindsight, I appreciate that this understanding may have been
incorrect, but it was based on the guidance I received at the
time.
#Post#: 116938--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: RichardW
Date: April 25, 2026, 2:12 am
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That info from DVLA is correct - but missing perhaps the
additional information that if on the road the car must be taxed
and insured. You haven't told us what offence DVLA is pursuing
you for, nor the timeline. However, in general these cases are
black and white - on the road + no tax = problem, no tax or SORN
in place = problem, or taxed + no insurance in place = problem.
They don't even have to see it - the computer adds 2+2 and spits
out the fine.
#Post#: 116953--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: Angel1977
Date: April 25, 2026, 4:55 am
---------------------------------------------------------
--- Quote from: RichardW link ---
>
> That info from DVLA is correct - but missing perhaps the
additional information that if on the road the car must be taxed
and insured. You haven't told us what offence DVLA is pursuing
you for, nor the timeline. However, in general these cases are
black and white - on the road + no tax = problem, no tax or SORN
in place = problem, or taxed + no insurance in place = problem.
They don't even have to see it - the computer adds 2+2 and spits
out the fine.
>
--- End Quote ---
Thanks, that makes sense in general.
To clarify the specific position in my case:
• The vehicle was on the road and not taxed at the relevant time
(I understand that point)
• However, I had already submitted a written representation to
DVLA on 28 Nov explaining the situation (vehicle immobile,
etc.), which was acknowledged
• Despite that, the vehicle was clamped and removed on 5 Dec
• I then submitted a formal follow-up/appeal via the DVLA online
system on 10 Dec
So my concern is less about the underlying rule, and more about
whether enforcement action was taken despite an ongoing
representation/appeal.
I would appreciate any views on whether that affects how this
should be approached in the SJP.
#Post#: 116959--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: NewJudge
Date: April 25, 2026, 5:39 am
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The “ongoing representation” does not hold any water. Your car
must either be taxed or declared (and kept) off road.
If you do anything other than plead guilty in response to the
SJPN you will face a trial and almost certainly be convicted
(bar a major administrative balls-up). The fine and costs will
then be considerably higher. The long and short of it is that if
you have a vehicle that is immobile and the tax expires you must
get it shifted off the road.
A couple of things I don’t understand:
--- Quote ---
> – I had an active Direct Debit which was not collected
--- End Quote ---
Why was it not collected? When did the tax expire?
In any case, why didn’t you just tax it? Was the point of your
representations to get the DVLA to waive the tax for the period
it was immobile?
#Post#: 116962--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: Angel1977
Date: April 25, 2026, 5:51 am
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> The “ongoing representation” does not hold any water. Your car
must either be taxed or declared (and kept) off road.
>
> If you do anything other than plead guilty in response to the
SJPN you will face a trial and almost certainly be convicted
(bar a major administrative balls-up). The fine and costs will
then be considerably higher. The long and short of it is that if
you have a vehicle that is immobile and the tax expires you must
get it shifted off the road.
>
> A couple of things I don’t understand:
>
> [quote]– I had an active Direct Debit which was not collected
--- End Quote ---
Why was it not collected? When did the tax expire?
In any case, why didn’t you just tax it? Was the point of your
representations to get the DVLA to waive the tax for the period
it was immobile?
[/quote]
Thanks, that’s helpful.
To clarify further:
• The tax was not renewed because the MOT had expired, which
meant the Direct Debit could not be processed
• Around that time the vehicle became immobile due to battery
failure, so I was unable to move it to obtain an MOT
• I did not ignore the situation — I submitted a written
representation to DVLA on 28 Nov explaining the circumstances,
which was acknowledged
• Despite that, the vehicle was clamped and removed on 5 Dec,
and DVLA later stated that no valid response had been received
I understand the general requirement to either tax or SORN the
vehicle, but my concern is that I had already engaged with DVLA
about the situation before enforcement action was taken.
#Post#: 116968--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: FuzzyDuck
Date: April 25, 2026, 6:33 am
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This is a criminal matter, just holding up your hands and saying
you know you are committing an offence doesn't give you any
immunity from prosecution.
You had plenty of time to have the battery replaced and moved
the vehicle. Suggest you plead guilty as nothing you have said
is going to form any part of a defence.
#Post#: 116974--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: Angel1977
Date: April 25, 2026, 7:08 am
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--- Quote from: FuzzyDuck link ---
>
> This is a criminal matter, just holding up your hands and
saying you know you are committing an offence doesn't give you
any immunity from prosecution.
>
> You had plenty of time to have the battery replaced and moved
the vehicle. Suggest you plead guilty as nothing you have said
is going to form any part of a defence.
>
--- End Quote ---
I understand the general point about the offence being strict.
Just to clarify, I’m not suggesting that simply contacting DVLA
prevents liability.
My concern is more specific to the facts of this case:
• I submitted a written representation to DVLA on 28 Nov
explaining the situation, which was acknowledged
• The vehicle was then clamped and removed on 5 Dec
• DVLA later issued a penalty notice stating that no valid
response had been received
The letter I have now received appears to proceed on that basis.
I’ve attached it here:
HTML https://storage.to/HkQGDMDpi
I’ve highlighted the key section (page 5) which states that no
written reply had been received.
So my question is whether that apparent inconsistency — between
DVLA acknowledging receipt and then later stating no response
was received — has any bearing on how this should be approached
in the SJP, rather than disputing the general rule itself.
#Post#: 116977--------------------------------------------------
Re: DVLA SJP – vehicle clamped despite prior representation –
advice please
DIR By: NewJudge
Date: April 25, 2026, 7:24 am
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--- Quote ---
> So my question is whether that apparent inconsistency —
between DVLA acknowledging receipt and then later stating no
response was received…
--- End Quote ---
It seems they were referring to your failure to respond to the
fixed penalty offer. You were required to respond to that by
telling the DVLA who was responsible for keeping the vehicle on
the road.
In any case, it has no relevance to your guilt. “Engaging” with
the DVLA to say you know you have committed a criminal offence
and will continue to do so until you can get it sorted out will
cut no ice.
I don’t really know what you expected them to do. They seem to
have done exactly as I would have expected. You had the
opportunity to minimise the damage by accepting the fixed
penalty they offered. When you failed to take that up they were
left with no alternative.
Your expectation seems to have been that, since you had notified
them that the car was immobile, they should just have allowed it
to remain untaxed until you were able to fix it (if at all). As
you have discovered, they don't work like that.
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