Woes with the DVLA and SORN/car tax.
Discussion
This is probably better in SP&L but I can not post in there. Anyway I sorn'd my Elise a few months ago as I work away from home during the week and have been able to use my dad's car at the weekend. I sent the form off and heard nothing else about it till yesterday. The wife called when she returned home from work to tell me the car has had a clamp attached by the DVLA. I rang them to ask why as the car is sorn and is parked on a private road. They told me its not sorn'd and they said their clampers can go anywhere where a car is not tax'd (doubt this but hey)! First shock. 2nd shock was the 260 release fee i had to pay. I had no option but to pay this as they would have collected the car and taken it.
3rd shock was that I can't sorn my car (again!) as I can't find the V5. I ask for a new one to be sent out and they ask me to confirm the address which I give them. My address is not the same as the V5. Odd I thought. I gave them my old address just incase and again its not the same. So I can't even tax my car/sorn it without the V5 which they won't send out as the address doesn't match. I asked them if thats the case then why did they send out the reminder and more to the point how come I got a NIP through the post a few months back (it was me speeding) if the address I live at isn't the same as the address they have for where my little Elise lives? They refused to believe this could happen!
So does anyone have any ideas how I progress this? Or even try to claim back the 260 release fee I have had to pay.
3rd shock was that I can't sorn my car (again!) as I can't find the V5. I ask for a new one to be sent out and they ask me to confirm the address which I give them. My address is not the same as the V5. Odd I thought. I gave them my old address just incase and again its not the same. So I can't even tax my car/sorn it without the V5 which they won't send out as the address doesn't match. I asked them if thats the case then why did they send out the reminder and more to the point how come I got a NIP through the post a few months back (it was me speeding) if the address I live at isn't the same as the address they have for where my little Elise lives? They refused to believe this could happen!
So does anyone have any ideas how I progress this? Or even try to claim back the 260 release fee I have had to pay.
On the first issue, you should refer them to the Interpretation Act (1978) which states
"Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post"
http://www.legislation.gov.uk/ukpga/1978/30 (s7)
and that the clamping was therefore erroneous and that your fee should be refunded forthwith (they will not accept this so you will probably have to resort to making a claim using the moneyclaim online service).
As the V5 issue - have you been receiving reminders for VED at the correct address for the vehicle ? If so, it could be argued that their database was correct but isn't now for some reason.
ETA - just re-read your post and seen the comment about NIP etc. I would recommend reminding them that this means you have an independent witness (the issuing police authority) that the address was correct and their system is clearly in error (in violation of the requirements of the DPA btw) [most likely because they mixed your SORN up with someone else's change of address]
"Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post"
http://www.legislation.gov.uk/ukpga/1978/30 (s7)
and that the clamping was therefore erroneous and that your fee should be refunded forthwith (they will not accept this so you will probably have to resort to making a claim using the moneyclaim online service).
As the V5 issue - have you been receiving reminders for VED at the correct address for the vehicle ? If so, it could be argued that their database was correct but isn't now for some reason.
ETA - just re-read your post and seen the comment about NIP etc. I would recommend reminding them that this means you have an independent witness (the issuing police authority) that the address was correct and their system is clearly in error (in violation of the requirements of the DPA btw) [most likely because they mixed your SORN up with someone else's change of address]
Edited by marshalla on Wednesday 25th January 12:12
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