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DIR Return to: Speeding and other criminal offences
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#Post#: 64321--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 26, 2025, 5:24 pm
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--- Quote from: Southpaw82 link ---
>
> [quote author=mr-jp link=topic=5660.msg64307#msg64307
date=1743026358]Haha I know it seems crazy but if the allegation
is factually incorrect then wouldn't it be void legally?
>
--- End Quote ---
Only if proving the precise road the car was on is an essential
ingredient of the offence.
[/quote]
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
#Post#: 64327--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: andy_foster
Date: March 26, 2025, 5:53 pm
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That is not the exact offence. And no.
#Post#: 64374--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: Dave Green
Date: March 27, 2025, 5:04 am
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--- Quote from: mr-jp link ---
> 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
--- End Quote ---
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.
#Post#: 67010--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: April 14, 2025, 7:07 am
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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!
#Post#: 67157--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: Freecall
Date: April 15, 2025, 4:30 am
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Good result for you then I guess. ;)
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