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SORN'd Vehicle Fine in Car Park, My car was impounded and then destroyed and now I have received a fine
PEMU
post Wed, 3 Apr 2019 - 23:19
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Dear Members,
My SORN'd vehicle was in a council car park and removed and destroyed without warning. My case seems quite similar to this one which I have just come across now (after a lot of previous unsuccessful searches to find what to do). Mine was also kept in a car park owned and maintained by the council:
http://forums.pepipoo.com/lofiversion/index.php/t114592.html

I need to send my appeal off tomorrow and I'd really appreciate some advice on what exactly to write in my appeal, especially in light of the above case. If anyone could recommend the exact wording that would really help as I haven't done something like this before.

Thanks a lot.
I'm going to paste a more detailed description below of my case which I previously wrote up for another forum:



I've been given a £340 fine from DVLA (pictures attached) which I would like to dispute and need your kind help with. 


A: The background:
1. I had an old runaround which I wasn't using at the time and was considering putting back on the road when my wife passes her test. 
2. We have a residential car park behind our house which, to my knowledge, is council property. To my knowledge, yes, it is technically maintained by them (although they never actually carry out any maintenance and repair the craters AKA potholes).
3. Now and then we get abandoned cars and the council puts notices on them and then removes. Last time they came round, I asked the officer and he told me I will be fine to leave my car there as long as I SORN it, which I did. 
4. Based on online reading I have now done, I think he was either just talking from the perspective of vehicles the council removes and not the DVLA's perspective, or he just got it wrong. 
5. In hindsight, I understand I should have been smarter and not taken his word and double checked and not left the car there as it seems it might still be deemed as on the public road. 
6. Unless someone has any strong evidence otherwise, I'm happy to concede I made a misjudgement and am looking for advice on what to with the fine now. It was an innocent mistake in the sense that I never meant to do anything wrong or dodge any rightful charges. 


B: Things that don't seem right or could potentially be avenues to explore:


1. They didn't give me any warning, clamp or notice and just removed the car suddenly. 

2. I received the letter telling me of it being impounded after 8th Feb which is when it was already destroyed (although it is dated on 5th Feb). I can't think of how I can prove which day I received the letter though, even if that's of relevance.

3. They have spelled the name of the car park wrong by writing a double N at the end of the name instead of one N, so "***nn" instead of "***n" 
4. The original impound letter says they search for vehicles that don't have tax or SORN and they said my vehicle met neither, but it was SORN'd which they acknowledge in the second fine letter. I might be reading the letter wrong though. 

C: Things I would like advice on:

1. Is it worth telling the DVLA my sob story in the hope of some sort of concession or full/partial let off and if so, what's the best approach for that (call/letter, etc.)?

2. Is it just an urban myth or can fines actually be contested on technicalities like them spelling the name of the car park wrong or implying I didn't have it SORN'd in the first letter?
3. Do they have to give a warning or anything or can they just impound the car immediately and is that a worthwhile line of complaint? If they put a warning/clamp for a few hours, my neighbours and I might have missed it (they would have told me if they saw something). 
4. What is likely to happen now and what's the best avenue for me to explore?

D: Potential Actions I have thought of:
1. Write a long letter to dispute the fine based on all of the above (so plea for compassion as well complaint)
2. Only appeal for compassion for now
3. Dispute on the grounds of the car park name being wrong, if that's even a thing
4. Dispute on grounds they gave no warning/notice 
5. Any other combination of above, or something else you can recommend

I'd really everyone's thoughts and input. 
Thanks

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post Wed, 3 Apr 2019 - 23:19
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localdriver
post Thu, 4 Jul 2019 - 20:51
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It is not a matter of recovering monies, it is an allegation of a criminal offence.
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NewJudge
post Thu, 4 Jul 2019 - 21:43
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QUOTE (wedged @ Thu, 4 Jul 2019 - 21:37) *
Au contraire gentlepeeps, I am defending a late filing penalty against my Ltd Co, which is a criminal offence (delivery of accounts late that is).

However Companies House have decided to take the claim through the small claims track, in the civil courts.

So I would say that it's not impossible that this route will be chosen to recover the monies, even though the trigger may have been a criminal matter, in which case it's as well to be informed about the procedures should something pop through the post. I hope this is of some help, we shall see.

The "monies" in question are not part of a debt. They are a sum which the DVLA will accept in lieu of taking criminal proceedings (rather like a fixed penalty of £100 for speeding is). The alternative to the sum not being paid is to launch a formal prosecution through the criminal court (as would happen with a speeding matter). It is not and will not become a civil matter. The taxman may well take the alternative route you describe (I wouldn't know) but the DVLA will not. We shall indeed see but of course as mentioned, the likelihood of it getting to court is somewhat remote for reasons that have been well explained.
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Logician
post Thu, 4 Jul 2019 - 22:26
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QUOTE (wedged @ Thu, 4 Jul 2019 - 21:37) *
Au contraire gentlepeeps, I am defending a late filing penalty against my Ltd Co, which is a criminal offence (delivery of accounts late that is). However Companies House have decided to take the claim through the small claims track, in the civil courts. So I would say that it's not impossible that this route will be chosen to recover the monies, even though the trigger may have been a criminal matter, in which case it's as well to be informed about the procedures should something pop through the post. I hope this is of some help, we shall see.


No help at all as it is quite wrong. The late filing penalty is a civil penalty, not a criminal matter. Failure to file accounts at all is a criminal matter which is separate from and in addition to, any late filing penalties. It is all explained HERE for you.



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