DVLNI Sorn & fine

[dazza71]

Hi everyone, I've landed here (after reading other threads) because yesterday I got home and opened the dreaded failure to relicense letter from the DVLNI - the NI version of DVLA.

Not until I read the letter did I realise I was supposed to have declared my car off the road, now they're asking for £40 fine (if paid within 28days) and £30 in arrears for the last two months.

What happened was on the 25th November when about to leave my in laws that night, my car's power steering pump failed and basically I couldn't drive it. So I left the car in her driveway and to cut a long story short, 3 days later I bought myself a new car. My old car's tax expired on 1st December, I took no action not knowing I needed to and I got a tax disc for my new car from 1st December when I put it onto the road.

I took my old car to an auctioneer last Monday, 11th Feb, they took my registration certificate and gave me back section 9 saying if it sold I should just put in their name and return to the DVLNI. The car was then luckily sold before auction by someone who wanted the car cos the number plate was the same as their reg!

Anyway, now I have this letter to deal with. Firstly I don't recall getting the renewal letter, I've looked everywhere and can't find it in my house. Perhaps I threw it out thinking I didn't need it, I don't recall reading it so I'm totally blank on that part!

Secondly I can easily prove I bought my new car on the 28th Nov and also changed the insurance over on that date. I feel annoyed I have to pay this fine and would rather not but even more so I think it's a rip off paying £30 for a car which wasn't even on the road and sat in my in laws driveway for the last 2 months.

Thirdly I realised last night that on section 9 of my reg cert, apparently the auction place have to sign the form, why didn't they do that?!?!

Lastly, do the laws in England differ as if I did send a SORN then I would've had to have also sent my reg cert back too. However, what would've DVLNI done with it as I was still in possession of the car?

What advice would you have for me going forward with this? Thanks!

[shywazz]

Sadly even if you are not using the car and it is parked dorment for months and the tax expires the cars keeper is held responible for any fines or taxation of that car, gone are the days you got a warning about tax running out, the computer just sends out a fine via the post, unless the SORN was sent in to the DVLA....It doesnt matter if you threw away the car tax renewal form, it still needed taxing or sorning......
From the 25th NOV to the 11th FEB the dvla had no sorn for that car, the tax ran out hence the fine was computer genarated.....It doesn't matter if you can prove you bought and taxed your 2ND car, the 1st car on your friends drive was still in your name and needed addressing....As far as the dvla thought the car was still being used on the roads, hence required taxing, once you sold the car, and the dvla recieved the forms required, then the car is registered with the new owner.....
As mad as you feel, pay the fine while its the cheaper opition, before there rise the price due, then appeal there decision, if you feel you have grounds....but sadly without you sorning the car any appeal will be declined unless some1 ere knows differant......
DVLA Online Vehicle Licensing | Home

[gwc1000]

Originally Posted by dazza71

Thirdly I realised last night that on section 9 of my reg cert, apparently the auction place have to sign the form, why didn't they do that?!?!

Lastly, do the laws in England differ as if I did send a SORN then I would've had to have also sent my reg cert back too. However, what would've DVLNI done with it as I was still in possession of the car?

What advice would you have for me going forward with this? Thanks!

Don't worry about the auction not signing the form. Just fill in their name and address and the date of sale (the date that is shown on the invoice they send you) sign your bit and you can leave their bit blank, it won't make any difference. Remember if you haven't had confirmation of change of ownership after four weeks of sending it, get on to them otherwise you will still be responsible for the car and any parking tickets etc.

You don't send the reg doc to declare SORN. The easiest way to do it is online, as they then immediately email you a receipt. Never post a SORN apllication as it seems a very high percentage get lost in the post.

If you do a search on this site for posts by dannykeirnan he has posted letters that he claims are successful in getting any fine quashed for non declaration of SORN

[dazza71]

Thanks for your advice guys. I did a search for dannykeirnan but nothing turned up, is that the right spelling?

In NI you can't declare SORN online and the form says you should return your registration cert.

[gwc1000]

Hi, sorry the correct spelling is danny_kiernan

Thanks for putting me right about SORN rules in NI. You learn something new every day!

[dazza71]

Thanks, I read Dani's posts which offer excellent advice but not sure I could wangle out of this as the V15 clearly states I must return my registration certificate with it. I couldn't bluff returning the SORN and blame them for losing as I gave the cert to the auctioneer last week!

[wooly32]

I forgot to declare my old car SORN which is off the road,it has been for over 2 years (coz its a heap of junk)I've never got round to scrapping it coz I've lost the log book,and I got a letter saying I should either pay a £40 pound fine,or,relicence the car paying any backpay,or,declare it SORN.SO I declared it SORN as they asked,two months late,but I did what they asked.I then got a final notice to pay an £80 fine.Phoned the DVLA and she said it was a fine because i was late declaring SORN.
I would' nt mind if I got a fine for taxing it late,but I declared it SORN.If I,d have known that I was going to be fined £80,I would have paid the original £40 fine.
I then went on to send the DVLA a letter explaining the situation and thought that the fine should be stopped,they replied, that I am deemed liable for the £80 penalty.I aint paying it!