DVLA Fine.Car was off road. HELP!!

chigley

Sorry thats rubbish - you DO get sent a SORN reminder every year. One of my cars is now on its fourth year of SORN, and I have received a reminder every year so far.

Wig

chigley wrote: »

Sorry thats rubbish - you DO get sent a SORN reminder every year. One of my cars is now on its fourth year of SORN, and I have received a reminder every year so far.

And because you have had one every year for your single car these last 4 years, you think the DVLA can't ever possibly not send one out to the millions of other motorists every year? right?

Wig

mylove4ever wrote: »

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 money

Did you keep the ORIGINAL DVLA letter that you recieved acknowledging change of ownership? What date does it have on it as date of transfer? Is that date correct?

I'm not advising you to do anything, you have to make your own mind up. But if I were you I would read the post #24 and atleast write the DVLA what I suggested. If they take it to court I would use the defence I outlined in #24 but only if it ever went to court, I certainly wouldn't cave in and pay up before court.

But wait a minute, you said the DVLA says the date of the penalty was before the date of change of ownership.... So tell us what is the date of the penalty and what is the date of the change of the ownership (scrapping)? You say it was taxed when scrapped, but was there a time when it was not taxed?

cyclonebri1

kwaks wrote: »

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)

Welcome to the real world????, you plank, read your reminder, :rotfl::rotfl::rotfl:

mylove4ever

Thanks Wig. I disposed the car on the 31st June, i received the reminder of outstanding charge last month. I didn't receive the original charge notification but did received a letter in september about retaxing. that was when i contacted DVLA and informed them that i did sent the change notification slip and the guy advice that i should put it in writing.

When the change of ownership letter was received, they didn't confirm/mentioned the date the car left my care but just mentioned they have updated their record and am no more responsible for the car.

I don't know the orginal date of penalty but the car as always been taxed when it was in my care. i disposed the car the last day of the tax. the date of confirmed change letter from DVLA was last month.

Wig

If I were you, I'd phone and check that the date of transfer they have recorded is correctly stated as June 31st. Unless it is correctly stated on the letter they sent you, then there is no need.

Then I would be writing them, explain to them again that you scrapped the car on June 31st, and your understanding is that when the government white paper on SORN fines was published it was meant to be used to target the criminal element of our society not the innocent motorist who having done everything correctly is caught out by someone somewhere not processing the change of ownership/scrappage properly. and that someone was probably the DVLA.

See what they do.

At the end of the day they have the legislation to apply the penalty - it's actually called a "supplemental charge" even under your circumstances. But if you have the balls to go to court, and argue a defence of human rights 'article 6' there's a reasonable chance you will not have to pay..... it is by no means a sure fire win, it wil be up to the judge on the day, some have said they won, some have reported losing.

mylove4ever

Thanks Wig.

I called DVLA today, a member of staff confirmed the disposed date on their system is June 2009. He adviced i should write the enforcement officer that their record stated i wasn't responsible for retaxing the car from June and that they should sent an appology letter to that effect. He gave me his name and team number for reference.

I will send the letter tomorrow and keep you posted on the outcome. Thanks

atrixblue.-MFR-.

rolo64 wrote: »

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 can get out of this easy with a simple letter all you need is the insurance policy number or better the accident claim number or both (they will check on this for conformation) for the pick up that was written off, tell them it has been scrapped by the insurance company who took over the owner ship of the pick up when you handed them the v5 as instructed by them and they they said they will take car of everythig from there. should short that out

KeithP

atrixblue.-MFR-. wrote: »

you can get out of this easy with a simple letter all you need is the insurance policy number or better the accident claim number or both (they will check on this for conformation) for the pick up that was written off, tell them it has been scrapped by the insurance company who took over the owner ship of the pick up when you handed them the v5 as instructed by them and they they said they will take car of everythig from there. should short that out

Isn't that what Wig said in post #24?

Wig

mylove4ever wrote: »

Thanks Wig.

I called DVLA today, a member of staff confirmed the disposed date on their system is June 2009. He adviced i should write the enforcement officer that their record stated i wasn't responsible for retaxing the car from June and that they should sent an appology letter to that effect. He gave me his name and team number for reference.

I will send the letter tomorrow and keep you posted on the outcome. Thanks

Trouble with this is (I THINK), that the guy on the phone did not realise that the date of change has now been recorded, but it was recorded only recently when you phoned up to complain about being 'fined'.

This is what the penalty guy meant when he said to you.....
"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."

They only "issued' the change of ownership recently when you complained. I was going to point this out to you in my last post but I guess I must have decided to shorten my post so as not to confuse.