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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a court summons .04.16. due to me not completing

Resolved Question:

I have a court summons for 28.04.16. due to me not completing a SORN for a van I have taken off the road( parked on my back garden). I transferred the insurance onto a new van that I had bought and therefore took it off the road until I sell it. In my ignorance I thought a SORN was required if you no longer wanted to tax the vehicle but I actually carried on paying the road tax by direct debit while it has been in the back garden! ( just didn't get around to cancelling the D/D) therefore thinking I didn't need to complete a SORN, a foolish oversight on my behalf I know!!! I had a fixed penalty of £100 come through warning me they had no longer any record of insurance on this vehicle which I just paid still not realising a SORN had to be registered. I know I am guilty off the offence ( not completing the SORN ) but at no time was the vehicle ever used on the road with no insurance, I am inquiring about how to reduce any fine? would an accompanying letter describing as I have done above help my case??
Thank you
Steven Gobey
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did you not pay the fixed penalty please?Alex
Customer: replied 1 year ago.
yes I paid the fixed penalty of £100 but now a few months have the court summons
Expert:  Ash replied 1 year ago.
Did you pay the fixed penalty in time?Is it for the same offence as the fixed penalty?
Customer: replied 1 year ago.
yes I paid the fixed penalty on time and the court summons is for the same offence of not insuring my van or completing a SORN of which I forgot to complete the SORN as the van insurance wasn't required as I had taken it off the road( parked in my back garden)
Expert:  Ash replied 1 year ago.
Ah ok. Well if you paid the fixed penalty then they can not summons you for the SAME thing. Therefore you should not enter a plea but direct to the Court that the matter has already been disposed of by way of fixed penalty.They cant issue you a fixed penalty then take you to Court for the SAME OFFENCE.So if its the same offence, they cant penalise you twice.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
yes please! so you are saying because I have paid a fixed penalty already they cannot summons me for the same thing even though I STILL didn't complete the Statutory Off Road Notification after that first fixed penalty????
Expert:  Ash replied 1 year ago.
You cant be prosecuted for the same offence TWICE.If its a new offence, yes you can. But if its the same offence then no.Does that clarify?Alex
Customer: replied 1 year ago.
how would I know if this is a new offence?? do they maybe close the first offence on the date the fixed payment is made then from that date onward you are again required to complete the SORN and if it is not done after say another couple of months a new offence is committed??
Expert:  Ash replied 1 year ago.
You need to check the dates and ask for details of the fixed penalty.But I would go to Court on the day and say, look I have already paid a fixed penalty - what are we doing here again.Does that help?Alex
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Customer: replied 1 year ago.
okay Alex thanks for that I will check those points through and clarify for myself that this is a new offence or not and take it from there! Thank you very much for your input it has given me a new line of thought!
Cheers