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my motorhome , currently on SORN , and kept in a my locked compound which is on an unadopted and private no-through road ; was moved out onto a section of that road , again my property , in order to empty the compound for a crane access . It remained there for under 3 days whilst the crane operated and was then clamped by the DVLA . The council don't have it on their plan other than an unadopted private road with a designated footpath which they are responsible for surfacing . The vehicle is insured and has an MOT .What is my legal position ?
Optional Information: Province/Country relating to question : Wales - Gwynedd Already Tried: Nothing other than council enquiry who's highways department stated that as the roadway was not maintained by public money then it didn't come under VOSA
HiThank you for your question and welcome to Just Answer. I will try to help with this.Do the DVLA accept that it was SORN?
They have sent me a letter with a declaration to fill in which states - ' whilst a SORN declaration was in force . Is this what you mean ?
Yes, that tends to suggest they don't accept it.Did they give you any paperwork relating to the reason for seizure?
It is an offence report which states that ' Our latest information shows that you were the keeper of a vehicle on 1 / 6 / 12 Received a report that this vehicle was being used/kept on a public road whilst on SORN etc.,
OK. There is a route of appeal to this but my IPAD is going to run out of battery soon. I wil be at a fixed point in about an hour or so if thats OK?
OK I will also be at a defferent location but on same e.mail
Thanks.
are you back on line
Intermittently. Sorry about this. I'm not far away from a fixed point.
await your contact
any news ?
I'm sorry for the delay. I forgot to charge my IPAD overnight and it ran out fairly quickly today.If you have declared this vehicle SORN then you can keep it off road only. From the facts you describe this would be considered off road. Probably the issue is that they say it wasn't SORN.In any event, you have only one right of appeal and that is following this procedurehttp://www.veas.co.uk/Debtor/Legalyou will also find the forms there.If you get no success at all then you can always judicially review the decision as they are a public body although that is an expensive action with a high test.Hope this helps. Please rate my answer three stars or above and then I will be happy to give you related information for free.
Experience: Bar Exams, over 5 years in practice