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DVLA Fine.Car was off road. HELP!!
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MarkyMarkD wrote: »That's why they introduced the concept of SORN - you have to tax your car all the time unless it's declared SORN. There's no getting off because witnesses say it was off road. Sorry.0
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Hopefully people will not be replying to the OP as that was 3 years ago.0
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can anyone help me?i was involved in an accident in my pickup truck in march,sent a letter to dvla explaining this,but just recieved a penalty for £80.00 for not taxing it,it is now nov 09 and happened march 09.anyway they say i should of sorned it,but when your insurance takes over and sends it to a salvage yard ithought it is now up to insurance to deside on what happens to vehicle hence i could not sorn it as it is now out of my control,but yet they still demand £80.00 and i can confirm it has been at salvage from that date in march 09 why would i tax acar that is not even able to be on road and suffer these kind of consiquencers,what type of country do we live in and why are they able to do this when they have all the technoligies to stop any vehicle on the road without any tax which would cost me more?
You need to inform DVLA that the car was written off and scrapped by your insurers on xx/xx/x date, and as such you no longer have an interest in the vehicle.
If they still give you a hard time - tell them that this SORN fine system was introduced by the government to tackle criminals who deleiberately did not tax their cars and it was not intended to be used against the innocent motorist.
If they still give you a hard time ignore them [and ignore all the debt collection agencies that the DVLA will pass you onto in the mean time] and let them take you to civil court (for it is not a fine but a debt to the crown) then tell the court that article 6 of the human rights act (the right to a fair appeal process established in law and within a reasonable time of the alledged offence) was not afforded to you. So you challenge the very validity of the debt claimed.
And if that doesn't work, don't open the door to the bailiffs ever.0 -
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I sold my car at scrap value to a number i found on the local news paper and informed DVla of the effect. Months later, i received a letter that the car hasn't be taxed. I spoke to a member of Staff at DVla that the card has left my possession in June 09 and gave them the details of the company i sold it to. Weeks later, i received confirmation that the ownership of the car has been changes. Last week, i received a fixed penanlty of £80 for not taxing the car. I wrote to the enforncement officer and gave copy of the DVLA letter that says am not liable for the car anymore. to my shock, the officer wrote back that i still have to pay £80 because the date the penanlty was issued was before the dated the change of ownership was issued. I have been given a deadline of 5th December to pay otherwise my details will be refer to debt coolection or to county court.
Please Advice!0 -
Regardless of the age of the 1st post, I don't think there has ever been a clearer piece of legislation than the tax reminder/SORN document.
They send it to you, easy, you fill in your details and decide if you want to licence the vehicle or keep it off the road. You then send it back, again pretty simple.
Anyone that cannot comply with that needs advice from a different forum to this.:mad:I like the thanks button, but ,please, an I agree button.
Will the grammar and spelling police respect I do make grammatical errors, and have carp spelling, no need to remind me.;)
Always expect the unexpected:eek:and then you won't be dissapointed0 -
If you have proof of postage for the change paperwork you could successfully challenge it.0
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mylove4ever wrote: »I sold my car at scrap value to a number i found on the local news paper and informed DVla of the effect. Months later, i received a letter that the car hasn't be taxed. I spoke to a member of Staff at DVla that the card has left my possession in June 09 and gave them the details of the company i sold it to. Weeks later, i received confirmation that the ownership of the car has been changes. Last week, i received a fixed penanlty of £80 for not taxing the car. I wrote to the enforncement officer and gave copy of the DVLA letter that says am not liable for the car anymore. to my shock, the officer wrote back that i still have to pay £80 because the date the penanlty was issued was before the dated the change of ownership was issued. I have been given a deadline of 5th December to pay otherwise my details will be refer to debt coolection or to county court.
Please Advice!
Did you read post #24 most of that applies to you too.
The question to ask yourself is.......
When you sold the car to the scrap was it taxed yes or no?
if 'no' .... Was it SORNd? yes or no?
If the answer to both questions is 'no' then you did it incorrectly and the debt is correctly issued. <<< But see post #24
If the answer to either question is 'yes' then you did things correctly and hopefully you still have the letter from the DVLA confirming change of ownership, check the date of change of ownership is correctly stated, or that they are aware of the correct date by phone or letter.0 -
Thanks for your respone. As at the time I sold it, it was taxed. the car was taken away on the last day of the month. With the way it stand, are you advising that i paid them, as they are adamant to collect the money0
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cyclonebri1 wrote: »Regardless of the age of the 1st post, I don't think there has ever been a clearer piece of legislation than the tax reminder/SORN document.
They send it to you, easy, you fill in your details and decide if you want to licence the vehicle or keep it off the road. You then send it back, again pretty simple.
Anyone that cannot comply with that needs advice from a different forum to this.:mad:
I would like to invite you to the real world:mad:. Tax reminder, yeah great, arrives every year to prompt you to retax. Sorn reminder? Doesnt happen, it is left to you to remember to SORN each year if necessary. This can cause confusion for one individual vehicle, but when you have more than one it is a nightmare.
The DVLA has very recently lost a court case regarding "undeclared" sorn when it was proved in court that they regulary lose mail sent to them, both through registered post and recorded. They also do not record lost mail if it is reported to them by telephone, so the actual quantity they are losing is any bodies guess. The legislation of SORN requires only that you post the SORN to them, if they lose it then thats their problem, however they will attempt to fine you for this. The DVLA lost the case on this before the actual case arguments could be heard on the legitimacy of the SORN.
The DVLA has a history of riding roughshod over drivers, losing entitlements on licences etc etc, always claiming to be whiter than white, however details which came out in this case certainly showed them to be an organisation which is more interested in profit than efficiency and fairness. (I won't even mention the selling of personal details to illegal mail scam companies....ah...whoops)0
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