Anyone RECENTLY had a SORN fine overturned/reduced?

[harassed motorist]

Asking about recent success since, reading the posts here any success stories seem to be a few years back. Also, they have clearly "tightened up" procedures - they specifically state that failure to receive a reminder will not be sufficient excuse (I didn't). The "lost in the post" argument is also not accepted, as they require you to re-send it if no confirmation letter received within 4 weeks. There is a very legal-sounding letter posted by Danny Kiernan in the thread by RugbyPete - has anyone used it successfully?

 

My van has been off-road for over 4 years and is undriveable. I had no reminder, and have also missed the deadline for reduction to 40 pounds. They want 80 pounds AND 30.84 in "duty arrears" - should I have to pay back-duty if no duty was due?!!!

[S C O R N]

I have just managed to have a similar penalty dropped - see 'Repeal the SORN laws!'. They do not accept the legal argument by Danny as you can see in their reply to me, however I would like to see it tested in court. In your position I would reply offering the basic £40 without any admission of liability as the easiest option, but pointing out the following. They are paid by us to run the system and can make mistakes without penalty, while we are expected to have perfect memories and perform pointless tasks at our own expense with significant penalty for error. The fact that they have 3 previous SORNs on record should obviate the arrears. Good luck. Let us know the results.

[ariadne7]

I had a SORN fine overturned.

 

My cambelt had gone on the car 2 weeks out of warranty and knew that it would be some time before it was back on the road as I needed to argue it out with the dealer. I sent the SORN notice together with a covering letter saying it would be a temporary measure.

 

I had notice that the car was ready from the dealer around a month later and tried to tax the car online but was unable so phoned the DVLA to do it over the phone. I specifically asked if my SORN had been received and was told to "give it some time" it "takes time to get through the system.

 

Eventually because I'd changed my name I had to go to my local dvla office to get a new log book and tax the car. I said that I had originally SORN'd the car because of the problems and she looked at her computer screen and said "thats ok".

 

I then got a SORN fine and immediately appealed it. I got the notice that they did not accept my appeal and I'd have to pay. I didnt give up and asked for a further appeal setting out my case once again.

About 2 weeks later got notice it had been overturned.

[Conniff]

I am against the DVLA as much as the next man, if not more, (I think SCORN will second that) but I must say one thing in their defence.

 

It does say on the forms that if no letter of acknowledgment is received within four weeks then you should contact them. And I also agree that they are not lawfully bound to send out reminders.

 

This is why they will not accept the 'not received' excuse, they must get them by the thousand every week.

 

I also recently had a SORN violation overturned, they were wary of my motives for what I challenged them with and didn't want to libel me.

[S C O R N]

I am against SORN far more than DVLA itself, which might have some useful purpose, if it wasn't run by the inmates! In 'ariadne7's case, can anyone explain what possible function the SORN notice achieved? Although still the registered keeper, the vehicle was in the custody of a third party, who could have parked it on the public highway. Even if the SORN had been processed properly, a fine would have been issued. Presumably, both local and national DVLA offices use the same data base, so why is one 'crat saying OK at the same time as another 'crat is issueing a penalty notice. No, the whole system is loaded with anomalies which waste our time and money, and has no practicle purpose.

[Rob S]

There is a problem with the V5 in respect of selling your car to a motor trader. It does say that if no acknowledgement letter is received within 4 weeks that you should contact DVLA. The only problem is that this bit of advice is on the tear-off slip that you have to send to DVLA to notify them!

 

Like many, I suspect the real problem is not items going missing in the post but inefficiency by DVLA in processing them properly.

[danny_kiernan]

Hi All,

 

I read the DVLA thread to see how people are coping with SORN again as they tried it on with me again over another car.

 

I have just managed to have a similar penalty dropped - see 'Repeal the SORN laws!'. They do not accept the legal argument by Danny as you can see in their reply to me, however I would like to see it tested in court.

 

I did test the argument in court and won - the claim was dismissed. This was in county court though - I am quite happy to see them in magistrates court. They seem to be going down the DCA route (intimidation etc.) and taking some people to magistrates court from reading everyones posts.

 

My argument worked in my situation, but not all situations are the same - so always seek additional advice from other people (CAB, or a free legal consultation elsewhere). To my amazement when talking to CAB, about a seperate issue - then asking about SORN (just out of interest) they gave me my own legal argument

 

My latest SORN fun just took 1 call and DVLA have since dropped it, wish they had taken it further

 

I can't give full details about the car and reasons behind SORN as I have agreed to sign a non-disclosure agreement about the sum I will recieve (not from DVLA, but from car finance company).

 

So I have had two SORN fines overturned, one in court and one by a phone call. The second one I hope got overturned because they had recieved all necessary paperwork and are sorting out their systems, so that things do not go 'missing in the post' and not because of any other reason.

 

I'll be around on CAG quite a bit now as I am taking 4 credit institutions to court, so if anyone needs any advice, or support PM me.

 

Dani