DVLA - unable to SORN taking me to court!

Hew

My car blew a head gasket early in the year and so was off the road but with tax still on it, I transferred the insurance to another car then received a letter from the DVLA to SORN the other car which I did, then a month or so later I received a fine so I then tried to SORN the car a second time but was unable to (obviously because it was already SORNed) now I am being taken to court for £1000 can anyone please suggest something to stop this action.

Rolandtheroadie

What was the timescale between transferring the insurance and declaring SORN on the car?

forgotmyname

You need to SORN when either the tax or insurance runs out. So i think its because it was uninsured.

Thats what the fine applies to. I think you only SORN'd it when the tax expired.

Hew

I can't remember the timescale as it was feb/march but I believe less than a month. The car was still taxed when the letters from the dvla came.

Iceweasel

I don't understand your thread title.

Why were you unable to SORN the car?

Hew

I'm posiive I did when the first request came, when a fine came I tried again but it wouldn't complete I suspect because I already had but their website may have had a computor glitch.

forgotmyname

You didn't SORN it and return the tax when you cancelled the insurance.

Guessing the tax ran out a month later when you did SORN it? Still leaving the time between then and the date you cancelled the insurance.

Hew

The first letter requested I SORN it by a certain date which I'm sure I did, the following letters included a fine and more requests to SORN the vehicle when I tried to a second time the transaction wouldn't complete. I have to wonder if they assume I didn't SORN simply because I didn't return the tax disc.

TrickyWicky

At the end of the day if you're claiming that you're sure you SORN'd the car by post, the DVLA have a duty to prove that you didn't.

When you post the paperwork, even if it gets lost, it is classed as having been delivered to the DVLA.

If you're sure you sent it then they either have to back down or prove you didn't - which they can't.

Linky:
http://www.volkszone.com/VZi/showthread.php?t=631542&highlight=dvla

HappyMJ

Hew wrote: »

My car blew a head gasket early in the year and so was off the road but with tax still on it, I transferred the insurance to another car then received a letter from the DVLA to SORN the other car which I did, then a month or so later I received a fine so I then tried to SORN the car a second time but was unable to (obviously because it was already SORNed) now I am being taken to court for £1000 can anyone please suggest something to stop this action.

DVLA don't issue fines...they issue penalties. What court are they taking you to? If it's county court then just explain everything in writing and if they continue with court action attend court and continue to deny everything. You could get a CCJ if the court finds you liable which with what you have explained wouldn't happen. If you did get one then have a short time to pay it and it won't affect your credit.

keystone

HappyMJ wrote: »

If you did get one then have a short time to pay it

28 days

and it won't affect your credit.

because the judgement won't be entered in the register before the end of that period and if paid during it then it will be "satisfied" and the judgement not entered at all.

Just for clarification for the OP.

Cheers