DVLA - didn't declare motorbike as SORNED

Rachel_123

The OH was knocked off his motorbike in 2009. The motorbike was written off straight after the accident. He got to keep the salvage, which he eventually sold last year (I think the guy bought it for parts). We have now had 2 threatening letters through the door for what seems to be 2 separate issues:

1. He didn't inform the DVLA that he had sold the bike and that it had a new keeper.

2. He didn't SORN the bike whilst it was off road.

It seems that they have been sending letters out about this for a while but we have moved house since the accident and they have only just caught up with us.

To be honest we are not sure what happened to the paperwork. He had only owned the bike for 3 days before he got knocked off. We can't remember if he actually ever received the v5 for it (I imagine he must have done) but we don't have it any more. He's also not sure if he ever SORNed it or not.

I know we're probably guilty of both these offences, I think the reason we never did anything about it was that the bike he had prior to this the insurance company also wrote off (it was stolen) and they sorted out everything to do with that and he naively thought the same would happen again. He has to go to court to tell them this is the first he has heard of this so it can get referred back to the DVLA.

Does anyone know what kind of fine we are looking at here and if he will get any points? As I say none of this was intentional, he has had a rough time of it (3 operations, can't use his hand, can't walk etc) so this hadn't really occured to us to sort out.

Premier_2

Rachel_123 wrote: »

The OH was knocked off his motorbike in 2009. The motorbike was written off straight after the accident. He got to keep the salvage, which he eventually sold last year (I think the guy bought it for parts). We have now had 2 threatening letters through the door for what seems to be 2 separate issues:

1. He didn't inform the DVLA that he had sold the bike and that it had a new keeper.

2. He didn't SORN the bike whilst it was off road.

It seems that they have been sending letters out about this for a while but we have moved house since the accident and they have only just caught up with us.

To be honest we are not sure what happened to the paperwork. He had only owned the bike for 3 days before he got knocked off. We can't remember if he actually ever received the v5 for it (I imagine he must have done) but we don't have it any more. He's also not sure if he ever SORNed it or not.

I know we're probably guilty of both these offences, I think the reason we never did anything about it was that the bike he had prior to this the insurance company also wrote off (it was stolen) and they sorted out everything to do with that and he naively thought the same would happen again. He has to go to court to tell them this is the first he has heard of this so it can get referred back to the DVLA.

Does anyone know what kind of fine we are looking at here and if he will get any points? As I say none of this was intentional, he has had a rough time of it (3 operations, can't use his hand, can't walk etc) so this hadn't really occured to us to sort out.

Failure to declare SORN when the vehicle is not otherwise taxed results in an automatic £80 penalty (and I think a claim for the back tax not paid)

I don't know if there is any penalty for failing to notify DVLA of a change of keeper ... it's just that he remains responsible for the vehicle until he does.

mgdavid

I would write a nice letter to DVLA explaining
- date bike bought
- date of accident and that it was written off - if only 3 days later you certainly won't have had the V5 at the time of the accident.
- list his injuries and how long he was in hospital, and how long receiving further treatment as an outpatient
- summary of his continuing injuries/ loss of functionality if any
- date you moved from that address
- then apologise for the oversight of not declaring the bike scrapped but you thought the insurance co did that as they processed the write-off claim. (I wouldn't mention you kept the salvage and sold it on later; if they do ask then assuming the wreck is not traceable I'd say you sold some bits and threw the rest away.)
Close by suggesting in the circumstances could they please register it as scrapped and waive any penalty to you.
Worth a go.

ETA - how or why are they accusing you of not declaring a new keeper - did the guy who bought the wreck get the numberplate and try to register it in his name?

Joe_Horner

Rachel_123 wrote: »

The OH was knocked off his motorbike in 2009. The motorbike was written off straight after the accident. He got to keep the salvage, which he eventually sold last year (I think the guy bought it for parts). We have now had 2 threatening letters through the door for what seems to be 2 separate issues:

1. they say they never received the logbook he sent back when he[STRIKE] He didn't inform the DVLA that he had[/STRIKE] sold the bike and that it had a new keeper.

2. they say they never received the SORN notce he sent[STRIKE]He didn't SORN the bike[/STRIKE] whilst it was off road.

It seems that they have been sending letters out about this for a while but we have moved house since the accident and never realised that the "confirmation letters" from them hadn't arrived

I think this is what you meant to say???

Rachel_123

mgdavid wrote: »

I would write a nice letter to DVLA explaining
- date bike bought
- date of accident and that it was written off - if only 3 days later you certainly won't have had the V5 at the time of the accident.
- list his injuries and how long he was in hospital, and how long receiving further treatment as an outpatient
- summary of his continuing injuries/ loss of functionality if any
- date you moved from that address
- then apologise for the oversight of not declaring the bike scrapped but you thought the insurance co did that as they processed the write-off claim. (I wouldn't mention you kept the salvage and sold it on later; if they do ask then assuming the wreck is not traceable I'd say you sold some bits and threw the rest away.)
Close by suggesting in the circumstances could they please register it as scrapped and waive any penalty to you.
Worth a go.

ETA - how or why are they accusing you of not declaring a new keeper - did the guy who bought the wreck get the numberplate and try to register it in his name?

It's possible the guy who bought it has got it back on the road - we don't know, I suppose it was possible as it wasn't in terrible condition. Yes he got the number plate with it so it looks like he's tried to register it with the DVLA (I didn't think this was possible without a v5 but it obviously is). I've spoken to the DVLA and it seems writing a very apologetic letter is the way to go.

Rachel_123

Joe_Horner wrote: »

I think this is what you meant to say???

Indeed it was