SORN declaration sent but received a fine notice.

[MopsterUK]

Hi all!

 

This is my first post. I currently have a developing issue with the DVLA. The issue I have is that I sent a SORN declaration to the DVLA (unrecorded, without any formal proof) but they state I haven't and thus initially offered me a fine: £80 +arrears. I have just received a letter that states my appeal was rejected and that I now have the option of paying an amended fine: £40 +arrears. I based my appeal on the fact that I know I sent my declaration to them and was willing to swear this under oath as I know I definitely sent it.

 

I tried to contact the DVLA by phone on the number they provide (03007906813) and navigated the options to the one where I declared I was not going to pay the fine. I hoped to get to speak to someone to discuss this situation but sadly I got an automated service announcement. I wanted to talk to someone to get an understanding of laws and legislation that was being enforced for the fine. I wanted more details so I could assess if I have mistakenly done something wrong. It appears that I have not. However, the DVLA has given me very little in the way of options. Essentially, they are stating pay, dispute (within their limited mitigating circumstances framework, or wait for further enforcement action.

 

I have been reading around regarding my issue and found that this is not an uncommon instance. and I'm aware of several successful cases: i.e. DVLA v Collins, Clerkenwell Magistrates Court, Date: 30 March 2010, Claim No: 9BR0829, Court: Horsham county court, Reason: No statutary power to require anyone to contact them if they do not receive a receipt.", Result: Win; DVLA v O’Sullivan, Staines County Court October 2009; DVLA v Peck, Horsham County Court April 2010. These cases in particular have been highlighted in repeatable news source the registered (edit: link was unable to be posted for further reading that refereed readers to the register article in question ).

 

There are several things that concern me regarding this. Firstly, I've never disputed something to this depth before and thus I'm a little bit nervous. Secondly, is the case of Number 6 (edit: link was unable to be posted however it was a link to a post on this forum) where he had a very difficult time fighting declaring his innocence. Reading Number 6's post showed me that the system doesn't always work and I'm unsure if I'm being overtly cautious in doubting if I should take this matter further or not. Finally, I can not guarantee the exact date and time I sent my declaration via Royal Mail post as I didn't foresee any problems occurring, despite knowing I sent it. I can however state the time period between when I did send it; i.e. late September 2013 to early October 2013. I would like to think that this will not be an issue but would like advice on this.

 

 

Kind regards

 

Paul

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later with advice for you.

 

My best, HB