DVLA Late License payment "due"
Discussion
Hi all
For some months I have been trying to contest a Late License penalty fee.
My tax expired and I applied for SORN via post on 1st day of the next month.
6 Months later they contact me via a debt collection agency saying that they didn't receive my application (which they lost or misplaced).
As I say, this was 6 months later (after I had retaxed the car anyway) and via a debt collection agency.
1) I contacted DVLA who advised me to contact the agency.
2) I contacted the agency who put the claim on hold, then they contacted DVLA.
3) The agency then contacted me again, asking me to contact the DVLA.
4) I contacted the DVLA explaining words along the lines of:
5 I have now received a response from the "DVLA - Enforcement Centre" who "believe that the decision made is correct and appropriate".
(It goes on to advise that if I wish to appeal, then I need to request a V991 form - which I have requested today (and which can't be downloaded online for some reason, making it that bit more difficult).
G.
For some months I have been trying to contest a Late License penalty fee.
My tax expired and I applied for SORN via post on 1st day of the next month.
6 Months later they contact me via a debt collection agency saying that they didn't receive my application (which they lost or misplaced).
As I say, this was 6 months later (after I had retaxed the car anyway) and via a debt collection agency.
1) I contacted DVLA who advised me to contact the agency.
2) I contacted the agency who put the claim on hold, then they contacted DVLA.
3) The agency then contacted me again, asking me to contact the DVLA.
4) I contacted the DVLA explaining words along the lines of:
me to DVLA said:
V890 SORN application was posted by First Class mail to DVLA on 01/03/15; as such, I have therefore satisfied my legal obligations in full, drawing attention to the Interpretation Act of 1978, section 7, and that the DVLA have no statutory power requiring anyone to contact them should they not receive an acknowledgment letter
(the acknowledgement letter which I did not receive).5 I have now received a response from the "DVLA - Enforcement Centre" who "believe that the decision made is correct and appropriate".
(It goes on to advise that if I wish to appeal, then I need to request a V991 form - which I have requested today (and which can't be downloaded online for some reason, making it that bit more difficult).
- Given that I did post the SORN application, where do I stand and what more can I do?
G.
You said:
"6 Months later they contact me via a debt collection agency saying that they didn't receive my application (which they lost or misplaced).
As I say, this was 6 months later (after I had retaxed the car anyway) and via a debt collection agency".
With this issue and other similar the DVLA would send you a warning letter or a fine that you would have a better chance of sorting things out.I cannot see that the first occasion they would contact you would be after 6 months via debt collectors.
You may have missed one or more letters from them and they probably have the impression that you received their previous letters and are now kicking up a fuss as debt collectors are involved and cost are increasing.
I would doubt your appeal will be successful.
"6 Months later they contact me via a debt collection agency saying that they didn't receive my application (which they lost or misplaced).
As I say, this was 6 months later (after I had retaxed the car anyway) and via a debt collection agency".
With this issue and other similar the DVLA would send you a warning letter or a fine that you would have a better chance of sorting things out.I cannot see that the first occasion they would contact you would be after 6 months via debt collectors.
You may have missed one or more letters from them and they probably have the impression that you received their previous letters and are now kicking up a fuss as debt collectors are involved and cost are increasing.
I would doubt your appeal will be successful.
btcc123 said:
You said:
"6 Months later they contact me via a debt collection agency saying that they didn't receive my application (which they lost or misplaced).
As I say, this was 6 months later (after I had retaxed the car anyway) and via a debt collection agency".
With this issue and other similar the DVLA would send you a warning letter or a fine that you would have a better chance of sorting things out.I cannot see that the first occasion they would contact you would be after 6 months via debt collectors.
You may have missed one or more letters from them and they probably have the impression that you received their previous letters and are now kicking up a fuss as debt collectors are involved and cost are increasing.
I would doubt your appeal will be successful.
No, no, no this is Pistonheads where nobody ever receives any letters ever "6 Months later they contact me via a debt collection agency saying that they didn't receive my application (which they lost or misplaced).
As I say, this was 6 months later (after I had retaxed the car anyway) and via a debt collection agency".
With this issue and other similar the DVLA would send you a warning letter or a fine that you would have a better chance of sorting things out.I cannot see that the first occasion they would contact you would be after 6 months via debt collectors.
You may have missed one or more letters from them and they probably have the impression that you received their previous letters and are now kicking up a fuss as debt collectors are involved and cost are increasing.
I would doubt your appeal will be successful.
WinstonWolf said:
They can't fine you without taking you to court.
^^This^^A DCA has no power to lighten your wallet. Only a judge can do that.
The Agency got its **** handed to it all of these cases.
DVLA v Collins, Clerkenwell Magistrates Court, October 2009*
DVLA v O’Sullivan, Staines County Court October 2009
DVLA v Peck, Horsham County Court April 2010
http://www.theregister.co.uk/2010/05/03/dvla_court...
I know of one case where the DVLA won but I can't find the reference atm.
IIRC the judge came up with his own rather peculiar interpretation of the legislation.
Taken at face value the only way of complying would be for the RK to hand deliver the document to Swansea.
Unfortunately the defendant didn't have the stomach or the funds to appeal to a superior court.
So the the judge's somewhat bizarre ruling has not been tested.
Until a test case which is binding on lower courts is brought it's a lottery.
It depends entirely on the working of the logic circuits inside the head of a County Court judge.
* Collins made a FoI request to the DVLA.
It confirmed that it keeps no records of mail that goes AWOL within its portals.
Irrespective of the above why did the OP choose not to make his SORN application online? - https://www.gov.uk/make-a-sorn
There are 3 documents that can be used to provide the necessary reference number
- V11 tax reminder
- V5C registration document
- V5C/2 new keeper slip
It's hard to believe that not one of them was available to the OP.
It makes no sense to use a paper V890 given the DVLA's ability to lose documents (or a delivery failure by RM).
Thanks all
I was going to re tax it in 2 weeks. it was a last minute decision to SORN it, and regardless of methods available that's the one I used.
The DVLA are far from fail safe and it's the 2nd time this year I've had problems.
I bought a transit van prior to non transferable tax which had 6m on it. It was registered in the trade and I kept it until the tax expired.
I then went to Post office having lost the v5 in house move (since found) and paid for a new V5 application which included transfer of RK to myself. I also re taxed it for another 6m. Easier to pay £30 and get it sorted/re taxed there and then than stress out trying to find it in boxes of paperwork.
Roll on to earlier this year when that tax expired.
Turns out it was never transferred to me, even though I had the receipt from the PO for v5 application + 6 months tax.
DVLA eventually admitted fault but even so, it took 3 MONTHS to rectify the issue - where I could not tax or even SORN the van as it wasn't in my name.
The van sat there unused, but I had to pay for 3m insurance for the privilege of a DVLA / Post office f
k up.
- hence the reason I'm so pissed off about the principle behind me NOT paying this as they've fked up again.
G.
I was going to re tax it in 2 weeks. it was a last minute decision to SORN it, and regardless of methods available that's the one I used.
The DVLA are far from fail safe and it's the 2nd time this year I've had problems.
I bought a transit van prior to non transferable tax which had 6m on it. It was registered in the trade and I kept it until the tax expired.
I then went to Post office having lost the v5 in house move (since found) and paid for a new V5 application which included transfer of RK to myself. I also re taxed it for another 6m. Easier to pay £30 and get it sorted/re taxed there and then than stress out trying to find it in boxes of paperwork.
Roll on to earlier this year when that tax expired.
Turns out it was never transferred to me, even though I had the receipt from the PO for v5 application + 6 months tax.
DVLA eventually admitted fault but even so, it took 3 MONTHS to rectify the issue - where I could not tax or even SORN the van as it wasn't in my name.
The van sat there unused, but I had to pay for 3m insurance for the privilege of a DVLA / Post office f
k up.- hence the reason I'm so pissed off about the principle behind me NOT paying this as they've f
ked up again.G.
Edited by Gallen on Tuesday 15th December 23:14
Gallen said:
I was going to re tax it in 2 weeks. it was a last minute decision to SORN it, and regardless of methods available that's the one I used.
We have known that from the start. It still doesn't explain why you didn't do it online though. It would have avoided you being in the situation you are now.Gallen said:
The DVLA are far from fail safe and it's the 2nd time this year I've had problems.
I bought a transit van prior to non transferable tax which had 6m on it. It was registered in the trade and I kept it until the tax expired.
I then went to Post office having lost the v5 in house move (since found) and paid for a new V5 application which included transfer of RK to myself. I also re taxed it for another 6m. Easier to pay £30 and get it sorted/re taxed there and then than stress out trying to find it in boxes of paperwork.
Roll on to earlier this year when that tax expired.
Turns out it was never transferred to me, even though I had the receipt from the PO for v5 application + 6 months tax.
DVLA eventually admitted fault but even so, it took 3 MONTHS to rectify the issue - where I could not tax or even SORN the van as it wasn't in my name.
The van sat there unused, but I had to pay for 3m insurance for the privilege of a DVLA / Post office fk up.
- hence the reason I'm so pissed off about the principle behind me NOT paying this as they've fked up again.
/Devil's Advocate mode on I bought a transit van prior to non transferable tax which had 6m on it. It was registered in the trade and I kept it until the tax expired.
I then went to Post office having lost the v5 in house move (since found) and paid for a new V5 application which included transfer of RK to myself. I also re taxed it for another 6m. Easier to pay £30 and get it sorted/re taxed there and then than stress out trying to find it in boxes of paperwork.
Roll on to earlier this year when that tax expired.
Turns out it was never transferred to me, even though I had the receipt from the PO for v5 application + 6 months tax.
DVLA eventually admitted fault but even so, it took 3 MONTHS to rectify the issue - where I could not tax or even SORN the van as it wasn't in my name.
The van sat there unused, but I had to pay for 3m insurance for the privilege of a DVLA / Post office f
k up.- hence the reason I'm so pissed off about the principle behind me NOT paying this as they've f
ked up again.The DVLA processes millions of transactions without any issues.
/Devil's Advocate mode off
It's when things go wrong at its end that it so often becomes Kafkaesque. It frequently takes far too long to sort things out plus it has a dismal record of high handedness and intransigence in it dealings with the public. The root of the problem is that it is judge, jury, and executioner in its own cause and not accountable to any independent regulator. It's not right, has been going on for far too long, and reform is needed.
The only way for justice to prevail is to call their bluff and hope they fold, or have the issue decided in court. Either way I hope you succeed in seeing them off.
Should have done it online and wouldn't have any issues now.
I've since heard that if you do SORN online, by default it backdated to the 1st of the month; debt agency arguing that because I sent off SORN letter on the 1st then it was untaxed/not SORNED for that day so therefore owe the money.
Sick of it
I've since heard that if you do SORN online, by default it backdated to the 1st of the month; debt agency arguing that because I sent off SORN letter on the 1st then it was untaxed/not SORNED for that day so therefore owe the money.
Sick of it
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