SORN fine despite tracked proof of postage

samc999

I recently received a fine from the DVLA regarding failure to SORN my old vehicle. 
Despite providing tracked proof of postage they are placing responsibility on me for failing to check on confirmation of SORN within 4 weeks as per the V890 notes section.

I don't really want the hassle of court, I've already disputed twice but they are refusing to budge. Does anyone have any ideas?

Thanks

Keep_pedalling

What is tracked proof of postage? If you sent it tracked then you should have had proof of delivery.

samc999

I sent it 2nd class signed for to the DVLA but when I check the tracking code it doesn't show as valid on RM site. I'm not sure it it's just expired now or there was a mistake with RM, it was sent a few months ago. 

Mildly_Miffed

So you have no proof of delivery...

No great surprise - business sites (of all sizes) rarely sign for tracked post - it just gets delivered. It's not worth bothering.

Next time, do it online. it takes seconds.
https://www.gov.uk/make-a-sorn

molerat

If you have proof of postage you have proof that you served them notice of SORN as per the Interpretation Act 1978 S7

https://www.legislation.gov.uk/ukpga/1978/30

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

The Road Vehicles (Statutory Off-Road Notifications) Regulations 1997 only state that you must declare to the secretary of state that you are surrendering the licence of the vehicle.  There is nothing in law that states you have to chase them up if nothing is heard back.

https://www.legislation.gov.uk/uksi/1997/3025/made

You have done that and have acceptable proof.  Their silly little rules cannot override the law.

And in future do it on line.  Simple with an immediate notification.

sheramber

Royal Mail tracking is not available after 4 months.

born_again

Tracked is pointless waste of money to places like this. As DVLA etc do not sign for the post. It is bulk signed by RM staff at sorting center.

Car_54

molerat said:

If you have proof of postage you have proof that you served them notice of SORN as per the Interpretation Act 1978 S7

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

The Road Vehicles (Statutory Off-Road Notifications) Regulations 1997 only state that you must declare to the secretary of state that you are surrendering the licence of the vehicle.  There is nothing in law that states you have to chase them up if nothing is heard back.

You have done that and have acceptable proof.  Their silly little rules cannot override the law.

And in future do it on line.  Simple with an immediate notification.

The Interpretation Act only applies "Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used)"

Is the SORN required or authorised to be sent by an Act of Parliament? If not, then the IA doesn't apply.

NB the Road Vehicles (Statutory Off-Road Notifications) Regulations are NOT an Act.

Even if the IA did apply, the presumption of delivery applies only "unless the contrary is proved". One would expect the DVLA to have a robust system of recording incoming mail.

Okell

Car_54 said:

molerat said:

If you have proof of postage you have proof that you served them notice of SORN as per the Interpretation Act 1978 S7

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

The Road Vehicles (Statutory Off-Road Notifications) Regulations 1997 only state that you must declare to the secretary of state that you are surrendering the licence of the vehicle.  There is nothing in law that states you have to chase them up if nothing is heard back.

You have done that and have acceptable proof.  Their silly little rules cannot override the law.

And in future do it on line.  Simple with an immediate notification.

... Even if the IA did apply, the presumption of delivery applies only "unless the contrary is proved". One would expect the DVLA to have a robust system of recording incoming mail.

One might expect it, but isn't it commonly accepted that the above ^^^ is not the case?  (I know it should be the case, but... )

Car_54

Okell said:

Car_54 said:

molerat said:

If you have proof of postage you have proof that you served them notice of SORN as per the Interpretation Act 1978 S7

References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

The Road Vehicles (Statutory Off-Road Notifications) Regulations 1997 only state that you must declare to the secretary of state that you are surrendering the licence of the vehicle.  There is nothing in law that states you have to chase them up if nothing is heard back.

You have done that and have acceptable proof.  Their silly little rules cannot override the law.

And in future do it on line.  Simple with an immediate notification.

... Even if the IA did apply, the presumption of delivery applies only "unless the contrary is proved". One would expect the DVLA to have a robust system of recording incoming mail.

One might expect it, but isn't it commonly accepted that the above ^^^ is not the case?  (I know it should be the case, but... )

It's certainly "commonly accepted" that things sent to DVLA allegedly get "lost in the post". 

Clearly the DVLA can't record the things they don't receive, but that doesn't mean they don't log the stuff that does get through

samc999

Thanks for all the comments, I'm not quite clear in all this if I should be standing my ground further or just paying up?