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#Post#: 64040--------------------------------------------------
Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 25, 2025, 6:49 am
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Hey guys, I recently received a letter from DVLA threatening to
take me to court over an allegation of having an unlicensed
vehicle sighted on a public road. They are asking me to plead
guilty or not guilty.
This relates to my previous car, which has been left parked on
my friends front driveway & SORNED off road for a few months.
But DVLA said an NSL van saw it on a different road which is 5
mins away (at 5am) & not at the location it is parked currently.
Timeline of Events:
15/10/24: I received a letter from DVLA demanding £94 for an
alleged sighting of my vehicle. However, they provided no proof
or evidence of this claim.
In response, I denied the allegation and supplied a photo of my
car on my friend’s driveway, along with a Google Maps location.
I also requested evidence from DVLA to support their allegation.
DVLA’s Response: They informed me that the sighting was made by
NSL wheel-clamping contractors and advised me to contact NSL
directly for evidence.
NSL’s Response: After I emailed NSL, they responded requesting
an excessive amount of personal information including: my
driving licence or passport, proof of address (dated within 3
months), a copy of the V5C logbook, and a photo of the VIN on
the vehicle JUST for them to even look into this matter further.
So once again I was left with no evidence.
At the time I received NSLs response, I was traveling abroad and
could not provide these documents immediately. However, I also
found their request unusual and excessive & wasn't sure if this
was some sort of scam. In the past, DVLA has always included
proof of any allegation with their fines & never required such
information of me before.
Now a few months later I have received another letter
threatening to take me to court but still haven't seen any
evidence. They have also stated that I disputed their claim but
provided them with no supporting evidence even though I sent
them pictures of where my car is parked.
I would've been ok with paying the original fine if I had seen
proof but definitely not without it & not sure how I can defend
myself fairly without seeing any evidence after contacting the 2
parties involved.
I am planning to plead not guilty & fight it in court but is
there any other advice anyone can give me here?
#Post#: 64048--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: DWMB2
Date: March 25, 2025, 7:30 am
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Others with more expertise than me will no doubt be along
shortly, but two things that immediately stand out:
- You mention that you sent a photo of the car parked on a
driveway, but don't mention when this photo was taken. Is it
timestamped, and if so, when?
- You mention that you would pay the sum demanded if you saw
'proof'. This suggests you are open to the possibility that your
vehicle has been driven whilst SORN. Who has access to the keys,
and what steps have you taken to determine if and when they
might have used the vehicle?
#Post#: 64055--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: NewJudge
Date: March 25, 2025, 7:48 am
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When the police or DVLA make an allegation and offer you an
out-of-court disposal to settle the matter without prosecution,
they do not have to provide you with evidence (though they
sometimes do). Your choice is either to accept their offer or
face prosecution.
That is the position you are in. If you further decline their
offer they will almost certainly prosecute you. They will then
have to provide you with the evidence they intend to rely on to
convict you and you can choose to plead guilty or not guilty. If
you are convicted you will be sentenced in accordance with the
Magistrates’ sentencing guidelines.
Have you enquired of your friend to establish whether the
allegation might be justified (i.e. did he take the car off his
drive)?
#Post#: 64058--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 25, 2025, 8:20 am
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I took the photo after the allegation to show where I had left
it the past few months but don't think I included a timestamp.
Just the picture
& sometimes my friend had the keys, he said he once may have
moved it off his driveway briefly when relatives came to visit
but only next to his house & not at the location or time that
was stated.
#Post#: 64060--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: ManxTom
Date: March 25, 2025, 8:23 am
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--- Quote from: mr-jp link ---
>
> I took the photo after the allegation to show where I had left
it the past few months but don't think I included a timestamp.
Just the picture
>
> & sometimes my friend had the keys, he said they once may have
moved it off their driveway briefly when they had relatives
visit but only next to their house & not at the location or time
that was stated.
>
--- End Quote ---
So he admits he moved it once. could he have moved it more than
once?
#Post#: 64063--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 25, 2025, 8:31 am
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--- Quote from: NewJudge link ---
>
> When the police or DVLA make an allegation and offer you an
out-of-court disposal to settle the matter without prosecution,
they do not have to provide you with evidence (though they
sometimes do). Your choice is either to accept their offer or
face prosecution.
>
> That is the position you are in. If you further decline their
offer they will almost certainly prosecute you. They will then
have to provide you with the evidence they intend to rely on to
convict you and you can choose to plead guilty or not guilty. If
you are convicted you will be sentenced in accordance with the
Magistrates’ sentencing guidelines.
>
> Have you enquired of your friend to establish whether the
allegation might be justified (i.e. did he take the car off his
drive)?
>
--- End Quote ---
Wow ok I find that quite unfair. After looking online I saw
other people with cases of their car being falsely flagged in
the wrong location by NSL & then when they asked for proof their
case was eventually dropped.
Thanks for the information. If I am correct is the sentencing a
£1000 fine?
My friend said they may have moved it once but just outside
their house & not at the location or time where DVLA & NSL
stated.
If their evidence is incorrect & they don't have proof of my car
being at the location stated do I have any chance to win this
case?
#Post#: 64070--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: Dave Green
Date: March 25, 2025, 9:07 am
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--- Quote from: mr-jp link ---
>
> & sometimes my friend had the keys, he said he once may have
moved it off his driveway briefly when relatives came to visit
but only next to his house & not at the location or time that
was stated.
>
--- End Quote ---
May have?
Either he did or he didn't and whichever is the case, he would
know for sure so his saying "may have" would have alarm bells
ringing for me for sure.
Before you consider going to court, I would have another word
with your friend and get them to understand that if it goes to
court and the DVLA produce evidence of the car being used on the
road, it will end up costing an awful lot more than the £94 they
are currently asking for.
#Post#: 64074--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 25, 2025, 9:19 am
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--- Quote from: Dave Green link ---
>
> [quote author=mr-jp link=topic=5660.msg64058#msg64058
date=1742908811]
> & sometimes my friend had the keys, he said he once may have
moved it off his driveway briefly when relatives came to visit
but only next to his house & not at the location or time that
was stated.
>
--- End Quote ---
May have?
Either he did or he didn't and whichever is the case, he would
know for sure so his saying "may have" would have alarm bells
ringing for me for sure.
Before you consider going to court, I would have another word
with your friend and get them to understand that if it goes to
court and the DVLA produce evidence of the car being used on the
road, it will end up costing an awful lot more than the £94 they
are currently asking for.
[/quote]
Yeah I took it as he did but don't think he'd lie to me about
the location or time tbh. Which is why I was thinking to fight
this in court, because as far as I know my car hasn't been on
the road it was apparently sighted on.
Problem is, I am way past the £94 stage now. They are saying if
I plead guilty my case will be dealt with under 'single justice
procedure' & I will be sent details of any sentence & fine.
Which I'm not sure what those are
#Post#: 64077--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: andy_foster
Date: March 25, 2025, 9:29 am
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The Magistrates' Sentencing Guidelines are available online. If
you keep on repeating the same question, somebody might look it
up for you. Or I might lock the thread.
#Post#: 64080--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 25, 2025, 9:33 am
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I've literally responded to people trying to help me. Where have
I repeated the same question?
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