Cough up or not??

[FOT Fast]

Last October my engine went tap, tap, tap, bang! The car was shipped off to the garage on a prolonged stay (it’s still there now)! I didn’t see the car for about 4 months (the garage moved premises and the proprietor was ill), as I didn’t have the funds to fix it. Unfortunately, during this time the tax disc expired, usually I receive a reminder from the DVLA, but on this occasion I did not. I was completely unaware it was up for renewal, well anyway the inevitable fine came threw the door….

I tried contacting the DVLA regarding my circumstances, got proof from the garage and sent it off etc…..The next thing I know a claim form from the County court drops through my door for the fine and their fees etc…..

Does anyone know if I have a reasonable case for mitigation or if I haven’t got a leg to stand on and should just pay the damn £100 fine??

It just seems outrageous that there is no means of appeal or discretion on the DVLA’s part! It’s just straight to court, do not pass go, do not collect £200 (give us a £100!)!

Any advice would be welcomed……..

[Dwight Vandriver]

You seem to have fallen foul of RV (Reg & Lic)(Amendment) (No 3) Reg 2003 :

where

(a) a vehicle licence taken out for a vehicle expires,

(b) no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and

(c) the registered keeper has failed to comply with requirements contained in Schedule (SORN)


(3) The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.

(4) The supplement shall be payable by the person in whose name the vehicle is registered under the 1994 Act at the date of the expiry of the licence by reason of whose late renewal the supplement becomes payable.".

Non payment is a civil matter and if not paid County Court action is taken as a debt.

It looks as if, unlike Shreiks footie foul, no amount of wriggling will get you out of it and no action could lead to a visit from the knuckle draggers (Baliffs)

dvd

[autismuk]

It's the same useless scumbag mentality. It litters what laughably passes for the 'legal system' these days.

[Fish]

Pay the fine but write it on a cow...

[Fish]

20 secs later and Mrs Fish yells throught the study door..." Wheres he going to get a cow from??"

so I now suggest using asbestos sheet as being a publice body they will treat it like a bomb and there will be hours of amusement...


You can write a cheque on anything as long as you promise to pay the bearer on demand... under the I beleive 1963 banking act...

[Plotloss]

Fish said:

You can write a cheque on anything as long as you promise to pay the bearer on demand... under the I beleive 1963 banking act...

An untaxed car would seem the ideal ironic statement...

[tigger1]

I think the rules on this changed ages ago. You could glue your cheque to a body panel on a car though...and hand that in?

Your bank don't have to process it though.

[viggen114]

Tell them you had sent a SORN notice in and that they must have lost it.

[FOT Fast]

Well...unfortunately I already made the mistake of being honest with them! So I can't use the old "haven't you recieved it?" line, I won't do that again!

It sounds like I'm screwed.....*sighs* better get the chequebook out(ie a 10 day old Tuna!)....... It just really pisses me off that whilst trying to explain the unusual circumstances, the fine just continued to rise! And it's not like my other 2 vehicles are ever late being renewed or declared SORN.

Anyway thanks for the advice all........

[Andrew D]

Yeah, it's a bit steep isn't it. Whatever happened to "innocent until proven guilty"? I thought the human rights act was intended to stop p*sstakes like this.

The car was off the road. You can prove it, yet you're not given the chance.

[Stubby Pete]

If you can prove that the car was off the road, surely you can restrict the penalty to the fine for not declaring off road (problem is I think that's £80 anyway).

[cooperman]

Send the cheque crossed: "Asylum Seekers Holiday Fund"

[aw51 121565]

I know of one or two cases where the 'SORN Reminder' never initially landed - the OP said that... did they say that to the DVLA?

Then when the inevitable fine arrived, the people I am referring to stated this fact to DVLA and the fine was immediately withdrawn and the offer of making a fresh SORN Declaration was made.

End of. I reckon 10% of letters go missing in the post (straw poll from working at a local council - we send lots out and a fair propertion don't arrive).

Regarding the 'SORN Reminder never arrived' assertion... what happened here to lead to the fine now having costs added???

[FOT Fast]

Well I wrote off to them saying that the “SORN reminder” was either never sent out or received and that I haven’t seen the car for ages with the evidence from the garage.


They simply replied tough! It’s not our problem! Apparently they are under no obligation to remind you! Whilst I was trying to put my case and response they’ve just gone straight to the County court claim £80 fine and £20 fees!!!! I would argue just for the sake of it but apparently if you loose it can affect your credit rating??

Bullied into paying???..........

[oldie]

FOT Fast - you could try your MP - AS A LAST RESORT . DVA have been known to take heed of them .

[justinp1]

FOT Fast said:

Well I wrote off to them saying that the “SORN reminder” was either never sent out or received and that I haven’t seen the car for ages with the evidence from the garage.


They simply replied tough! It’s not our problem! Apparently they are under no obligation to remind you! Whilst I was trying to put my case and response they’ve just gone straight to the County court claim £80 fine and £20 fees!!!! I would argue just for the sake of it but apparently if you loose it can affect your credit rating??

Bullied into paying???..........

This is a bad, bad situation. I would ask the County Court if you can appeal. To be able to claim court costs they must show that they have exhausted all other means of obtaining the 'debt'. In a case I would ask the DVLA for proof that the document arrived. They will no doubt say that they know they have sent it because the computer says it has been sent. I would then quote the Royal Mail figure for the percentage of letters which go missing each year. The DVLA send out millions of letters per year, so without a doubt hundreds or thousands MUST go missing and they know it. The only problem is that if the case has been heard at court they would have had to send you a summons which would come from the court itself.

Hope this offers some way forward. The problem is that at this stage the court has decided that you owe the money, thus the debt will be recorded. You can pay this debt so a CCJ is not recorded against your name but it is whether you want the hassle of reclaiming the money. A tough one.