WHO'S SORNy NOW

[slick132]

Hi there,

DVLA say they didn't get my SORN and issued a penalty letter. I repied saying I'd SORN'd as nec'y and raised several objections to their view.

I've had a very nice and full reply which I'd post but I'm rubbish at scanning so I'll post my reply to them:-

M Webster Esq
DVLA Continuous Registration Centre
Northampton
NN1 5LA 17th September 2007

Dear Mr Webster,
Vehicle XXX123Y
Thank you for your letter of 11th September.

I will briefly address the salient points of my dispute with DVLA regarding my alleged failure to declare SORN.

1) I declared SORN as required, and as detailed, on Form V11 by sending the said Form to DVLA, XXXX on 28th May 2007.

2) My vehicle was kept off road on my own drive which takes 3 vehicles.

3) When made aware that you had not received or mislaid the SORN, I decided to use the on-line process to make a further SORN declaration. You will have this date to hand.

4) There is a red warning on the front of Form V11 which says, “….not licensed, you MUST declare SORN (see overleaf).” On the rear of the Form, the red warning box says, “Warning. You must ….. Confirm that the vehicle is kept off the public road (make a SORN) ….” However there is no time specified for the SORN to be made. Mention is made of when a license comes into force but no such mention is made about the SORN.

5) I suggest, therefore, that the on-line declaration in itself complies with the Form V11 instructions, even though it was made after 1st June 2007.

6) Furthermore, section 1 - SORN states, “You should receive an acknowledgement letter… Contact DVLA…. if you do not…” There is no warning, in red or otherwise, that failure to receive acknowledgement and to then contact DVLA is an offence for which I could be penalised. Form V11 fails to adequately warn of consequential penalties for failing to contact DVLA if an acknowledgement letter is not received.

7) There are other arguments which I need not detail in full at this juncture but will save for a Court Hearing when I will defend my case.
You should be aware, however, that I consider the DVLA to be acting ultra vires by attempting to extort monies from me without due legal process, as is my right under Article 6 of the European Convention on Human Rights.
Article 234 (formerly Article 177), of the Treaty establishing the legal entity that is now known as the European Union also provides me with protection, as does Magna Carta of 1225, confirmed by the Statute of 1297.
If the DVLA insist on pursuing this unlawful course of action, then I will seek protection from the European Court of Justice under article 234, together with appropriate compensation.
As this matter is still in dispute, please withhold any action to collect the penalty charge.
I require your response within 14 days and copies of this correspondence are being sent to my local MP and to the Minister for Transport.

Yours sincerely,
Slick cc Dr Stephen Ladyman, MP, South Thanet
Rt Hon Ruth Kelly, MP, Secretary of State, Dep’t of Transport


Also copied to my MP and Ruth Kelly as follows:-

Rt Hon Ruth Kelly MP
Dept for Transport
London SW1P 4DR 17th September 2007

Dear Secretary of State for Transport,

SORN Continuous Registration

I must draw this matter to your attention as I am being pursued by DVLA Continuous Registration Enforcement Centre and I believe they are attempting to make me pay a penalty unlawfully.

I further believe the Form V11 is ambiguous regarding SORN and this ambiguity is being exploited to force vehicle owners to pay fines without due legal process.

Please see copies of DVLA’s letter to me of 11th September and my reply of 17th September.

It would, I believe, be more fair to vehicle owners if the SORN requirements were made clearer as regards when the SORN must be made.

Furthermore, the consequence of not contacting DVLA, when an acknowledgement letter which should be received is not, should be made clear with a warning.

Finally, I must protest vehemently at the use of a Premium Rate 0870 contact number being the only means by which one may contact DVLA Customer Service.

I await your considered response and hope this will lead to:-
1) DVLA withdrawing their penalty charge.
2) Improvements being made to Form V11 to remove ambiguity.


Yours faithfully,
Slick cc Dr Stephen Ladyman, MP South Thanet

M Webster, DVLA CREC

I'd appreciate any input and my thanks to the original author of the Statute references.

Slick

[danny_kiernan]

Hi Slick,

You usually need to actually include the statutes that I mentioned (in a verbatim form), but I think that is enough to get their hackles up for now.

BTW I love the title of your thread - Who's SORN'y now

The basic premise behind the statutes/laws I put in my SORN thread is, Bill of Rights - that it is unlawful to give a fine without going to court - the magna carta stuff just backs it up (in laymans terms). Hope that makes sense - msg me on here if it doesn't

Kind Regards and good luck

Dani

[slick132]

Danny,

Thanks for your input. I don't need to use the full text yet - I'm just telling them:-

1) I'm not going to pay because you say so.

2) I think your form V11 is very unclear as regards SORN.

3) I'm not stupid.

Well see what comes back.

Slick

[danny_kiernan]

Cool, they will try to fight you tooth and nail btw - can you PM me when you get a reply, I am on holiday next week, but will read it when I get back.

Dani