Legal advice regards a sorn fine.

[burridge01]

I have been all over the web looking for advice but can't find anything,so im hoping some one can stear me in the right direction.


The van was sorned and not being used,parked on  grass out side my house in Walton court.Today i received a fine for having the van patked on the grass as that is part of the highway(ignorance is no defence but i never knew that)Now this is where the issue come in,they have the offence being committed in Holst Avenue, which is an adjoining road.Am i still liable for the fine or not,,i can't find any info on the web so if anyone can point me in the right direction I'd be grateful. Thanks.

[MikeS]

Have you looked at:


http://forums.pepipoo.com/index.php?showforum=60


If not it might be worth joining and asking the question on there.

[David and Sally]

Yes, the verge is part of the highway.

Not sure you could argue the location. It's not as if it's miles away and what would be the difference between where it was and where they said it was? A few yards?

If still sorned get it onto private land as it won't take them long to come around and check if you argue the point.

Personally I'd suck up the fine.

[burridge01]

The van was taxed the day after the initial offence.But if they are saying it was in a different road when it wasn't, can they then simply say "ok,we got the road wrong but we're stiĺl fining you".Surely if the offence address is wrong,then it's wrong.Is it valid grounds for appeal. If i have to cough up then i will and put it down as a lesson  learned,but sure as hell not handing money over without seeing if i have a valid reason to appeal.


Thanks Mikes,I'll have a nose on there.

[michaelc2710]

Is it the type of fine where you pay it within 14 days the fine is reduced? if it is then appeal within the 14 days as this will give you a time extension.


They will then answer the appeal with yes or no, at that point it's still at the cheaper rate and best just to pay the reduced fine.

[burridge01]

Unfortunately not,straight £170 fine with an appeal process.
Have looked at that site MikeS and tried to join to ask the question, but its taking for ever to load so I'll try again later.

[David and Sally]

I appreciate your reluctance to pay up. It is galling.


But, was your vehicle on the highway whilst sorned? It seems so. If so, what grounds do you expect an appeal to work on?


Court - "was your vehicle parked on xxxxx Avenue on the date and time specified?      A - "no".


Court -  "Was it parked nearby or anywhere else on a public highway at the time specified?"  A - ??

[burridge01]

I appreciate your reluctance to pay up. It is galling.


But, was your vehicle on the highway whilst sorned? It seems so. If so, what grounds do you expect an appeal to work on?


Court - "was your vehicle parked on xxxxx Avenue on the date and time specified?      A - "no".


Court -  "Was it parked nearby or anywhere else on a public highway at the time specified?"  A - ??

Well going on that and i said it was parked on a private driveway in Walton Court,what proof would they have it wasn't. I dare say ill end up paying(even if i thought i was doing the right thing)but if it's possible to get out of it because they have the wrong road then at least I'm going to look into it.

[yorkie]

Well going on that and i said it was parked on a private driveway in Walton Court,what proof would they have it wasn't.

Well if it's anything like a standard parking fine the warden will have taken photo's of it, which you should be able to see online.

[David and Sally]

Well if it's anything like a standard parking fine the warden will have taken photo's of it, which you should be able to see online.

Might have been police. I which case they will have documented it.


Good luck with your appeal.

[burridge01]

Well if it's anything like a standard parking fine the warden will have taken photo's of it, which you should be able to see online.

They definitely will have taken photo's, but they would not be the road they are saying it was on.


Oh well,seems no one has a definitive answer,i have a bit of time so I'll keep looking on the web.

[David.]

Found this on MSE, Sorn Fine with incorrect details — MoneySavingExpert Forum

[Stu]

How come a grass verge is part of the highway when it suits?


If you park on it you get a ticket as its not a parking spot or the road etc

[David.]

If a vehicle is declared SORN, it must be in a garage, on a driveway or private land.

[Stu]

If a vehicle is declared SORN, it must be in a garage, on a driveway or private land.

I know that


But they are saying it was on the highway! yet if you park a taxed MOTed and insured car there you would get fined for it being on the verge


So is it the highway or is it the verge or is it just when it suits