DVLA are taking me to court
Discussion
Afternoon PHers,
The DVLA are taking me to court for failing to tax a vehicle or declare SORN.
I contend that I notified them of SORN, via the post, upon purchase of said vehicle. I suggested they check their post bags again. They ignored this and a court summons has arrived.
How is this likely to pan out in court? I don't have proof of posting it was just in a normal stamped envelope.
The DVLA are taking me to court for failing to tax a vehicle or declare SORN.
I contend that I notified them of SORN, via the post, upon purchase of said vehicle. I suggested they check their post bags again. They ignored this and a court summons has arrived.
How is this likely to pan out in court? I don't have proof of posting it was just in a normal stamped envelope.
All I can advise is keep records of absolutely everything .......
https://www.pistonheads.com/gassing/topic.asp?h=0&...
https://www.pistonheads.com/gassing/topic.asp?h=0&...
A1VDY said:
He said 'if I can avoid it'.
In this case he can't avoid it.
Because it is simply impossible to get legal advice without the internet, Tim Berners Lee single-handedly started the entire legal industry in 1989.In this case he can't avoid it.
I digress. Why would anyone not use a recorded delivery service when dealing with important documentation, and why wouldn't you yourself chase the problem when you didn't receive a letter of confirmation. The DVLA don't go straight to court a month down the line.
It doesn't help the OP I know, but why not do it online?
It's easy to complete. It doesn't involve a typing a letter, or writing an envelope, or postage, and you get an immediate response with proof of the notification.
And, more importantly, you won't be in the position the OP is in now.
People do forget to post stuff. DVLA do lose stuff. How to convince the Magistrates who is probably right?
Good luck.
It's easy to complete. It doesn't involve a typing a letter, or writing an envelope, or postage, and you get an immediate response with proof of the notification.
And, more importantly, you won't be in the position the OP is in now.
People do forget to post stuff. DVLA do lose stuff. How to convince the Magistrates who is probably right?
Good luck.
Kinky said:
All I can advise is keep records of absolutely everything .......
https://www.pistonheads.com/gassing/topic.asp?h=0&...
you never concluded what happened? Unless I missed ithttps://www.pistonheads.com/gassing/topic.asp?h=0&...
Look up DVLA v Duncan Peck and DVLA v O'Sullivan - from memory, both of these confirm there is no legal obligation to re-send notifications to DVLA if no acknowledgement has been received. There may be more recent cases dealing with the same, although I've not checked.
This thread covers a lot of the ground, although it's quite a long read.
Did it really go straight to court, or did you receive a Late Licensing Penalty letter first ?
This thread covers a lot of the ground, although it's quite a long read.
Did it really go straight to court, or did you receive a Late Licensing Penalty letter first ?
DVLA will confirm a vehicle has been SORN'd by letter within 4 weeks
If its got to this stage you've sent the SORN and not received confirmation, this should have prompted you to check the status and re-send.
I expect they've sent you at least 1 reminder which they will have evidence of and that you ignored/didnt receive it.
It is your responsibility to make sure their records are correct, we all know post goes missing so just saying "well i sent it" to me isn't enough.
Have you now SORN'd the vehicle?
If its got to this stage you've sent the SORN and not received confirmation, this should have prompted you to check the status and re-send.
I expect they've sent you at least 1 reminder which they will have evidence of and that you ignored/didnt receive it.
It is your responsibility to make sure their records are correct, we all know post goes missing so just saying "well i sent it" to me isn't enough.
Have you now SORN'd the vehicle?
paradigital said:
I digress. Why would anyone not use a recorded delivery service when dealing with important documentation, and why wouldn't you yourself chase the problem when you didn't receive a letter of confirmation. The DVLA don't go straight to court a month down the line.
DVLA can be very heavy handed with SORN in my experience.A few years ago I posted my GFs SORN documentation, within 3 weeks she had a fine through the post.
There was no possibility to appeal, only to pay early for a reduced fine.
DVLA absolutely would not entertain the idea it may have been lost in transit, despite me actually having high quality CCTV showing the document going into the envelope, and then into the post box outside the office.
The DVLA hold themselves infallible and do not, (in my experience) offer a second chance to SORN either.
From that point on it was always via recorded, and now always done online.
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