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BREAKING NEWS – DVLA Loses In Court

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  • goldspanners
    goldspanners Posts: 5,910 Forumite
    Judas wrote: »
    I did and it seems yet another needless loophole in the law to accomodate those who dont want to pay roadtax in that when they get caught untaxed they have a chance of claiming it was just lost in the post.

    Is it really difficult or unreasonable expecting adults entrusted with motorvehicles and driving licences to make a phone call if they dont get a letter? I think not.

    i don't see a loophole, i see common sense.
    you send it they loose but they still blame you and fine you.
    hardly fair is it?

    its about time they were brought to task over things like this,too often folk come on here saying the same as the op and end up just paying up. im sure over the years there have been thousands more SORN documents "lost" in the post and folk have just paid up.
    ...work permit granted!
  • Lum
    Lum Posts: 6,460 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Paradigm wrote: »
    Do the council phone to check you've received the parking ticket they posted? Do the Police phone to check if that speeding fine they sent has arrived? Not a chance!

    Of course it's unreasonable!

    The Police use the Post Office Act which states that anything sent by first class post is deemed to have arrived within 10 days of posting. Speeding tickets do get lost in the post and people end up summonsed to court and having to pay increased costs because of it.

    The DVLA are also subject to the same act, however to use it, you must obtain a certificate of posting from the Post Office, or retain some other form of proof of posting.

    Personally I keep a scanned copy of everything I send to the DVLA, both forms and original paperwork. I send it special delivery, keep a scan of the receipt and a screenshot of the tracking website with it's proof of delivery.

    That said, the simple fact that I need to do this is a very sad state of affairs indeed.
  • robredz
    robredz Posts: 1,602 Forumite
    Lum wrote: »
    The Police use the Post Office Act which states that anything sent by first class post is deemed to have arrived within 10 days of posting. Speeding tickets do get lost in the post and people end up summonsed to court and having to pay increased costs because of it.

    The DVLA are also subject to the same act, however to use it, you must obtain a certificate of posting from the Post Office, or retain some other form of proof of posting.

    Personally I keep a scanned copy of everything I send to the DVLA, both forms and original paperwork. I send it special delivery, keep a scan of the receipt and a screenshot of the tracking website with it's proof of delivery.

    That said, the simple fact that I need to do this is a very sad state of affairs indeed.

    Good strategy Lum, because even if you send something Registered/Recorded or otherwise requiring a signature, the DVLA have lost things after signed for receipt, and then fined someone after proof of delivery.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I do the same as Lum. Sorns online and tax at the local PO. Got to help keep the PO going.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    robredz wrote: »
    Good strategy Lum, because even if you send something Registered/Recorded or otherwise requiring a signature, the DVLA have lost things after signed for receipt, and then fined someone after proof of delivery.

    Large oganisations don't sign for recorded delivery etc as far as I am aware. Perhaps Custardy can confirm how they are dealt with?
  • rev_henry
    rev_henry Posts: 4,965 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I do the same as Lum. Sorns online and tax at the local PO. Got to help keep the PO going.
    I would do this, but as long as the PO will not check my documents online with the various databases and instead demand to see my car's life story before selling me a tax disc I will not do it at the post office and will do it online.
  • alastairq
    alastairq Posts: 5,030 Forumite
    Another issue is the DVLA's pursuit of back- VED!

    Years ago, I accidentally allowed VED ona vehicle I owned, which was off-road, undergoing restoration...to lapse....neglecting to send in SORN.

    NO problem there....once notified, I accepted that a SORN notification had not been sent, so paid a 'fine'....but then they tried to claim back-VED.

    Their argument was, I had the option of paying VED or SORN..and did neither....so..even though SORN was now declared, and backdated, they still wanted the back-dated VED too...!

    Even though the vehicle was not on the public road, could not be on the public road, and couldn't be taxed due to it not having a current MoT certificate, [which it couldn't get anyway, as it had no wheels on it.]

    DVLA knew it had no current MoT. Their computer records showed as much.

    SO they knew the vehicle couldn't be 'taxed' anyway.

    So..by letter I argued my case with the department dealing with it.....and obviously they must have realised that one cannot really pay back-VED on a vehicle which couldn't be taxed in the first instance......otherwise they are saying, one doesn't need a current MoT to tax a vehicle!!!

    They dropped the back-VED claim......''as a good-will gesture''... ''lovely', said I!
    No, I don't think all other drivers are idiots......but some are determined to change my mind.......
  • goldspanners
    goldspanners Posts: 5,910 Forumite
    rev_henry wrote: »
    I would do this, but as long as the PO will not check my documents online with the various databases and instead demand to see my car's life story before selling me a tax disc I will not do it at the post office and will do it online.

    im of the same opinion,when i can walk in and just ask for a tax disc and be given it without me having to prove my car has MOT and insurance by digging out my documents then i'll think about using the post office for my tax disc. well maybe i wont,i would have to go to the main post office to get it as my local one doesn't do tax discs so i would have to still join a big queue (which always seems to be full of folk taking money out of the post office rather than putting in?)

    doing it online is easier for me as like most things i seem to need or want these days are usually only open when im at work,which is pretty useless.

    i still support my local post office with my ebay stuff though.
    ...work permit granted!
  • lazy
    lazy Posts: 51 Forumite
    We have over 245 complaints now!
    If anyone has had problems, or been fined by the DVLA and you believe there was no justification as already been proved on Watchdog on the 27th May 2010 and the court case on the 30th March 2010 where the case was thrown out due to illegal SORN fines.

    can I ask you to post your complaint.

    To post your complaint is easy. Just go to the official Watchdog Website and in the search, insert "DVLA in the Dock"

    All I ask is that we spread the word, if you belong to any motor forums please let them know.

    Thanks..
  • lazy
    lazy Posts: 51 Forumite
    245 and counting complaints now!

    can I ask you to post your complaint.

    To post your complaint is easy. Just go to the official Watchdog Website and in the search, insert "DVLA in the Dock"

    All I ask is that we spread the word, if you belong to any motor forums please let them know.

    Thanks..
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