Declaring SORN and Section 7 of the Interpretation Act 1978

[10110001]

A friend has been fined for not declaring SORN, but she says she posted the document to DVLA well before the deadline. The fine is for failure to declare SORN according to a deadline.

She unsuccessfully asked the DVLA to set aside the fine who responded with computer-generated documents passing judgment and penalty under Part III of the Vehicle Excise and Registration Act 1994.

She came to me and I found that Section 7 of the Interpretation Act 1978 legislates where an Act of Parliament requires a document to be delivered by post then service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document - unless the contrary is proved.

The DVLA did not give proof to the contrary and I can’t find anything in the Act that enables DVLA to subvert Section 7 of the Interpretation Act 1978.

Is there anything I’ve missed?

[shywazz]

Did your friend obtain proof of posting either by recorded delivery or post office proof/stamp, this would hold better to any claim of proofing you requested it to be sorned in time or not, postal services do not garantee delivery next day some mail could take days, if your friend has being fined for not declaring sorn, was she/he caught driving the said car or just didnt tax it hence fined, then said there had sorned it, the car only gets sorned once the documents have arrived at the dvla, or instantly if done upon there website... If the car has being driven after sorning requested then the complications become more servere..........

[10110001]

Heres the bigger picture.

She is a friend of the family and lives in the UK for 3 months during the summer and her family live and work in the Middle East. I am their fiduciary with a power of attorney to act in relation their UK properties and affairs while they are abroad, but I don’t normally exercise power unless it’s necessary. I’m a pilot with a middle eastern airline and I take their post over to them and mail any replies on returning to the UK.

Originally Posted by shywazz

Did your friend obtain proof of posting either by recorded delivery or post office proof/stamp,

I posted it at Gatwick last September and didn't get proof of posting, but other items posted with it arrived at their destinations. AFAIK the Vehicle Excise and Registration Act 1994 doesn’t require a registered keeper to obtain a proof of posting when sending a SORN declaration.

Originally Posted by shywazz

..postal services do not garantee delivery next day some mail could take days.

We're talking months.

Originally Posted by shywazz

…if your friend has being fined for not declaring sorn, was she/he caught driving the said car or just didnt tax it hence fined, then said there had sorned it, the car only gets sorned once the documents have arrived at the dvla, or instantly if done upon there website... If the car has being driven after sorning requested then the complications become more servere........

The car has been in storage since last summer and I'm the only one with access.

The reason for my post is to establish who has burden of proof on mailing a SORN declaration. If the DVLA asks, I'm happy to get an affidavit confirming posting, but as this isn't legislated, the Trustee Act 1925 places me under a duty to recover financial losses and I don’t anticipate the DVLA being amicable.

If the law says the burden of proof is with the registered keeper and Section 7 of Interpretation Act 1978 is subverted in this case, then I can pay the SORN fine from the trust, but I must have my facts right.

[patdavies]

Originally Posted by shywazz

, postal services do not garantee delivery next day some mail could take days

First class mail is deemed delivered 2 days from date of posting; second class, 5 days.

[10110001]

That's how I understood it, but I only learned of the fine from the registered keeper yesterday, I now understand that bailiffs may be involved.

I've served DVLA with Power of Attorney and asked them to set aside the fine under Section 7 of the interpretation Act 1978.