Received DVLA fine even though vehicle SORN

chodges84

Hi all,

My partner received a letter from DVLA saying that she has not relicensed her vehicle. She taxed it on 22nd February and paid £115.00 (on bank statement) for 1 year. In April she had an accident and the car was beyond repair. She sent off the tax disc sometime during may and received a cheque for £76.66 in June (She banked the cheque on 26th June (on bank statement and paying in bok), which I calculate to equal 8 months of tax, so presumably the refund was fromJune 1st.

However, they insist the car is not taxed or SORN, but I believe you cannot have a refund if the car is not SORN or being sold anyway, so how does this work.

I have rang the DVLA but unsurprisingly i could not get through, although the letter does state you have write to them, but I have read on the Internet that correspondance time is 2 weeks anyway, and we only have 4 weeks before the fine doubles to £80.

Has anyone got any ideas on how to proceed? I feel as though it would be easier to simply pay the fine, but do not want to let them get away with this.

Thanks,
Craig.

scbk

You have to actually declare the vehicle as permently scrapped or SORN

chodges84

You have to actually declare the vehicle as permently scrapped or SORN

We did, with the refund request.

After having read the Internet it seems that the DVLA are making a lot of money from this scam they have going. They seem to lose a hell of a lot of SORNS. The funny thing is they gave us the refund but apparently missed the SORN. How very convienient.

The courts are now throwing cases out as their fines ARE NOT LEGAL. They issue no reminder. Dont get caught out.

anewman

You declare the car SORN with the appropriate form. A refund from a tax disc is not enough. You also have to renew the SORN every year I believe just like road tax.

I agree the DVLA rules are silly, although they are aimed at preventing the sort of idiots who don't want to pay road tax while using the roads. The way I see it they should have to prove you used the vehicle on the road without any tax, but unfortunately the DVLA don't see it that way.

If the car was beyond repair why would it be sat on your driveway rather than being scrapped anyway?

reduceditem

If you sent in the correct document to obtain SORN for the car then don't pay. The DVLA has a complaints procedure that involves (after a phone call) writing in explaining what happened. Once you start this procedure any 'action' against you will be suspended. When I used the procedure I received a full refund after a few weeks (it was a dispute about road tax).

If you know you've done right then don't give in.

Conor_3

chodges84 wrote: »

We did, with the refund request.

No you didn't.

Wig

Conor wrote: »

No you didn't.

It's the same flipping form (V14), they will have filled in the SORN part aswell.

Lots of people get stung by DVLA even though their letters get to the DVLA. It;s only in examples like this one that the OP can prove to the DVLA that it is a DVLA mistake.

OP,
Phone up DVLA explain you applied for Tax refund and vehicle SORN part was filled in. You recieved the refund therby proving to DVLA that they did recieve your notice. They will find the form in their files and cancel the fine. And notify you by letter after a week or 2 .

The other way to fight it. is because it is treated as a debt, you argue to the civil court that the DVLA offer no proof that you committed a Section 31A offence, and you have not been found guilty in a criminal court of a section 31A offence, therfore you ask the court to dismiss any claim by the DVLA to the money.

Conor_3

Wig wrote: »

It's the same flipping form (V14), they will have filled in the SORN part aswell.

No, you assume they will have.

Wig

Conor wrote: »

No, you assume they will have.

Please explain why you would [strike]assume[/strike] know for a fact that someone who read and filled out V14 with a car off the road would ignore this bit, which is directly above the part where you sign the form.......

c) If the vehicle has not been sold, scrapped or exported but has been taken off the public road, please see Section I overleaf and complete Section 3 below.

Which assumption would be the most logical mine or yours?