LEGAL Q&A: Coming back from Spain

Q. I have always wanted to live in Spain, so after the dreaded COVID-19 malarkey, I decided to take the plunge. I got all my worldly possessions shipped down to near Malaga in 2022, including my KTM 1190 Adventure. My plan was to get my bike registered in Spain. However, after a lot of faffing about and false leads, I discovered it was going to cost a small fortune so decided against it. Instead, I rode the bike around on UK plates with no issues at all (I never got stopped or had an accident, etc.). 

All was well until I needed to come back to the UK after my Dad passed away. He has a massive bungalow and as I have now retired, I had the time to ride back on the bike, up through France and into the UK. I must confess that as I had been out of the UK for nearly three years, the bike didn’t have an MOT and hadn’t been taxed or insured for about two years. However, I risked it and got back to my Dad’s place with no issues. I parked the bike outside. 

However, my Dad’s neighbours are very nosey, and I believe they took umbrage at the bike being parked there, checked online and grassed me up to the DVLA, as they came and clamped it. I paid to get the clamp taken off and thought that would be the end of the matter. However, I have now received an ‘out of court settlement’ of around £500 from the DVLA for having an untaxed bike, but it seems way too much as the bike was only back in the UK for a week or so. I am thinking of going to court to defend this. What do you think?

A.  You state that the ‘…the bike was only back in the UK for a week or so’. However, I suspect you are overlooking (or conveniently forgetting?!) the fact your bike was in Spain for three years and had no tax, MOT or insurance for around two years. So you are aware, if the matter were to go to court and you pleaded guilty or were found guilty there would be a fine to pay. This would be £1000 or five times the amount of the vehicle excise duty chargeable, whichever is the greater; plus back duty; plus legal costs.

Further, for offences where a fine forms part of the punishment, you would usually be required by the Court to pay a Victim’s Surcharge in the region of £85. My concern is that if you do not accept the ‘out of court settlement’ offer, the DVLA will likely take you to court. In that scenario, I advise you should plead guilty, because you are guilty. In that scenario the fine and costs, etc., you will have to pay will likely be much higher than what is currently on offer. Further, because you rode the bike back into the UK from Spain without an MOT, insurance or road tax, I am concerned you could end up being prosecuted for other offences. In short, my advice is pay it and move forward with your life.

Advice from our specialist motoring solicitor Andrew Prendergast from White Dalton Motorcycle Solicitors (www.whitedalton.com) guides readers through their legal trials and troubles.