Hi all,

I need some advice regarding an impending prosecution which i think is totally wrong.

I have had my car (not the kit) on a SORN declaration for a couple of months while i completed a load of work on it. The tax expired during this period. I took the car for an MOT at a testing station local to work and left it with them to test while i was in work for the afternoon.

The car failed the test and so i drove it straight home after work (test 1:45pm, work ended 5pm) by the shortest route. Well the cops spotted the out of date tax just around the corner from my house and turned up 10 mins later. I showed them the MOT failure slip when asked and confirmed the car was on a SORN. They gave me 7-days to produce an MOT certificate (along with my licence) at this point which i was not happy with obviously. Due to damage to the face of the hub carrier, the local garage were unable to press in a new wheel bearing and so i wasnt able to pass the MOT within 7 days and so couldnt produce an MOT certificate.

I am now being prosecuted for not having a valid MOT certificate!!!! Its has been adjourned for a couple of weeks so i have this time to defend what i think is a totally wrong prosecution - since when has there been a time limit forcing a car on a SORN to pass its MOT - even if it has been taken to a test???

What do you think guys???

Personally, See a good Lawyer.

Provided you are insured you may drive to a pre booked MOT and upon failure take the car to a place of repair. the failure sheet doesnt state that it has to be a garage if you repair the vehicle yourself.

I would but they charge more than the fine and i lost my job last week so just dont have the money!!! Normal penalty is £100 fine and no penalty points.

Dont see why i should pay a penny as even an Inspector at Cheshire Police thinks I should never have been reported for it in the first place!! Will call him back tomorrow about this and see if they can help but think they may say its in the hands of the prosecutors - not sure??

i got caught with no mot once and they didnt procecute. Id've thought they would be more annoyed by driving a sorn'd car on the road than by failing an MOT.

Whats the maximum penalty for driving with no MOT? Id expect it to be less than the cost of a lawyer tbh.

Id turn up well dressed and present my best polite argument, see what happens.

i think the problem may lie in that the place of repair must also be a pre arranged appointment
see linky

http://www.askthe.police.uk/content/Q360.htm

think its a bit petty though in my opinion but i'm not the law

quote:

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Originally posted by JoelP
i got caught with no mot once and they didnt procecute. Id've thought they would be more annoyed by driving a sorn'd car on the road than by failing an MOT.
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quote:

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Originally posted by bigrich
i think the problem may lie in that the place of repair must also be a pre arranged appointment
see linky

http://www.askthe.police.uk/content/Q360.htm

think its a bit petty though in my opinion but i'm not the law

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Yep - was repairing the car at home as it was a new front wheel bearing and not a quick job. I was therefore driving directly home as allowed.
DVLA are happy with the no tax and as i proved the MOT test via failure sheet and letter confirming appointment but the problem lies with not producing the MOT to the police within 7 days. They then pressed ahead with reporting me!!

what about the 10 working days your allowed for presentation for a retest,was the mot station able to offer you a retest slot in the 7 days you were given to get an MOT cert was there a parts availability problem. just looking for a get out option. i do think you've been hard done too

There was a damaged front strut problem meaning the bearing couldnt be pressed back in so i had to get a whole new front strut via ebay.
14 days for a retest at £20 - OTHERWISE a full retest fee is applicable. Nothing about 7 days compulsion or even 14 days for that matter. As far as i'm concerned the car stays SORN until the day it is taxed which automatically ends the SORN. Therefore no compulsion to need an MOT for the car - so surely no case to answer??

Firstly you need to be clear what charge you are facing - Failing to produce an MOT or driving without an MOT?

Your defence to first is clear - there is no MOT and you do not require one whilst the vehicle remains SORN. You have the fail sheet in any case.

Your defence to the second is similar - no need for an MOT whilst the car remains SORN but you are entitled to drive to/from a pre-booked MOT (which of course you need to obtain a VEL).

You need to demonstrate to the court that your MOT was local and that you used a reasonably direct route.

If court proceedings have commenced, then you should apply (IN WRITING) to the prosecution for copies of all statements/evidence they intend to rely upon including any notebook entries (especially where they have been signed by). I these are not forthcoming, then repeat the request every 3-4 weeks. MAKE SURE YOU KEEP COPIES OF ALL CORRESPONDENCE.
You should also have the HORT/2 for producing your licence (and presumably Insurance) at the police Station

It's impossible to cover everything here, but that will do for starters.

Also check if any local lawyers give £10 or so 15 min surgeries.

We did that with an incident SWMBO went through. It really helped telling her what to expect and giving her advice.

i think you should ask robinj66 to be your lawyer job sorted

As I see it you have not commited a crime. If they intend to prosecute they must

1) Detail the allegation
2) Disclose all evidence beforehand

You are innocent until proven guilty beyond reasonable doubt so unless they can prove you have committed a crime then you have nothing to worry about.
I am not aware of any timescale following MOT failure for repairs to be carried out. If no timescale is dictated in law then both driving without and failure to produce will be defended by the allowance to drive to/from a prebooked MOT.

If you follow the link below it gives the law in all its glory (or not). Technically you have committed an offence as the law does not make reference to any such provision to drive to/from. However I think this is common knowledge and as accepted practice. Sites such as MOTUK make reference to this so a defence should not be hard to build.

I would personally fight it because a have no time for small-minded petty policing. I would rather have the fight and lose than lie down and accept it.

See here!!!

paul

this is a mistake on the police officers part and should not have gone this far. i dont know about english law but can tell you that in scotland you are excempt from needing a mot if you are taking the car to and from your home to a pre-booked appointment at a mot station close by and a direct route(must be direct and not via the shops etc) and to a specalist repairer if thst is required same again must be the most direct route. the officer should not have issued a HORT/1 form as you would not have been able to produce the certifacate.

If you've lost your job, you'll get free legal aid at a Mags court.

Speak to a sol - most will do 30min for free.

What exactly is the charge on the summons?

Pat...

Ridiculous.
What this is saying is a car that fails an MOT, ***MUST*** pass an MOT within 7 days!

What if it failed on something major - bent chassis that would be physically impossible to rectify in 7 days, or you decided a repair was not economical, you still hgave to MOT it before you scrap it

That's why I want to hear exactly what is on the summons.

I deal with a lot of foncused people at our counter pleading to all sorts of things they haven't done like not having a driving licence when they have.

Pat...

Just wanted to add my voice to the supporters. I got done for running a red light years (like 15 years) ago and it still bugs me to this day that I didn't go to court and tell the truth which was that the light was amber when I went through and couldn't stop safely etc etc.

I did nothing wrong but the plods coming the other way assumed that because they had a green light then I must have run a red one. It was road works and I'm sure many of you will have seen badly timed road work lights before.

As said elsewhere, if you think you are right then stand up for yourself. However, if you think you are wrong then it's probably best to take an early exit.

Cheers,
Craig.