Ask of the Week: My car is registered as SORN but I've been fined by the DVLA?

David Ross, Editor
Fri, 23 Feb 2024

Dear HonestJohn,

"I've just been issued with penalty untaxed vehicle fine from DVLA. Stating its on a public road.

My car is registered SORN but I have an allocated parking space as its terraced housing. I've checked the property register and both my house and the car park space are outlined in red. It also mentions parking space in the registry. Isn't that then classed as off road parking and private property?

I want to dispute this offence but don't want to end up in court with huge bills if I'm wrong. The fine at the moment is just under £500."

- JS

Dear JS

Allocated parking gives you the right to park in that space and anyone else using that space without your permission would be committing a parking offence.

However, if the road is accessible to the public and is not a private road then it is still considered a public road and therefore the laws regarding vehicles on the public road requiring an MoT and insurance would still apply.

The Vehicle Excise and Registration Act 1994 Section 62 defines 'public road' as 'in England and Wales and Northern Ireland, means a road which is repairable at the public expense'.

We would suggest contacting the council to determine if the parking space is considered part of the public road and if they hold responsibility for its maintenance and repair. If responsibility lies with you, then you would have grounds to challenge the fine.

Unless the property documents indicate that you are the legal owner of that section of road and are responsible for repairs to it, rather than the owner of the parking space, unfortunately it would appear that the fine was issued correctly.

Ask HJ

DVLA tell me my my Austin Healey has been cloned, can I claim compensation?

When I came to sell my 100/4M in October 2023, I was made aware that I was not the registered owner, that DVLA had issued a replacement V5C for a replica 100/4M. I remained in this position while DVLA investigated, two police checks at my house looking at the 40 year plus history, I was told originally that I could not drive the car as I was not the legal owner! Although DVLA later did allow me to use the car (2 cars on the road with the same identity! And they allowed this?). DVLA have offered me £150 as compensation, the images of both cars are still on line, I very much think this might have devalued my car (£60,000?) not to mention the cloned car which was sold for £175,000 but now I assume valued as a replica rather that an original. Someone has committed fraud at my expense, not being able to sell my car or even drive it (to begin with). Is £150 reasonable considering the above and four months of stress, hassle, sleeplessness etc?

We believe that the responsibility lies with the police and the DVLA to investigate the cloned vehicle, as you have the evidence to confirm that you are the owner of the original vehicle. You can decline the offer of compensation from the DVLA in the hope that they offer a greater amount, but if you are seeking significant compensation then we would suggest you seek independent legal advice.

Answered by David Ross

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