Any advice please?

[witsendaswell]

Hi, first time poster here, after beating my head against a brick wall this looks like the place I may get some useful advice.

I taxed my car for 1 year, effective from 1st July, but unfortunately later the same month had a serious smash (not my fault)

The car was deemed beyond economical repair, so my Insurer asked for my registration certificate, and receipts as part of the claims process. They told me they would claim the 11 months tax back for me. They also told me I did not need to declare SORN as vehicle was being written off.

I have had an absolute nightmare settling this claim (problem with dealers, not Insurer) and am still involved in a 3 way dispute.

The last thing I needed was a letter from the DVLA telling me that according to their records, the vehicle has been due to be taxed since 30th August and because I haven't done so, or declared SORN, or notified change of ownership, I had committed an offence and was liable to a Fixed Penalty Ticket as I was the registered keeper. AGHHHHHHH!!!!!

The Insurers have the Reg Docs. As far as I was aware, the car was still taxed, and I dont know if and at what stage the Insurers assumed ownership.

I rang the number provided to receive the message, "Due to maintainence the service is unavailable da de da de da....."

I rang the DVLA who were as much use as a chocolate fireguard telling me I had to contact the other number, as they were the enforcement agency.(the one that was closed for maintainence) Back to square one.

I am totally infuriated and frustrated. They owe ME 11 months tax, but have the gall to tell me I have committed an offence! - which I fail to see how I have.

I absolutely refuse to pay any Fixed Penalty and am determined to have my day in court if need be, but would prefer to cut through all the swathes of bureaucracy and crap to resolve this quickly.

Any ideas? any advice, most gratefully received.

[buzby]

The Continuous Registration Department (in Poole) won't really care - what looks as though happened is the Tax Disc has been refunded and a SORN/Scrapping NOT declared, hence the automatic fine.

As your insurer had the paperwork, it was really their responsibility to process this, so - as RK you need a letter from your Insurers confirming the vehicle was scrapped and is no longer on the road, with the effective date being that of the Tax Disc rebate (or earlier). Send this to Poole and it should result in cancellation. Failing this, ant fine imposed by Poole should be met by your insurers as part of the claim, so forward a copy of the DVLAs letter to your insurers demanding immediate action.

[witsendaswell]

Thanks Raymond, what you say makes sense and is rather what I suspect has happened.

I have been in touch with my Insurers who asssure me they have written to the DVLA informing them of the position, but they tell me the DVLA database is seldom up to date and this type of thing often happens, where these letters are sent out, although that is cold comfort.

I dont object to systems in place to deal with dodgers, but unfortunately it is the honest motorist who get harrassed with seemingly no mechanism in place to deal expediently with genuine grievances.

[buzby]

You've done all you reasonably can - but just in case (and to protect your interests) reply to Poole saying the vehicle has been scrapped by your insurers and to refer any further correspondence to them.

[witsendaswell]

Yes, I will do that. But what a carry on. Its as though they make everything as obstructive as they possibly can to browbeat you into submission.

[buzby]