Re: DVLA SORN Eventual CCJ Hope you don't mind me throwing this into the same thread, as there's a similar situation arising.
I received an invitation to relicense my vehicle last February, but as I was going abroad and the vehicle was garaged, I'd declare a SORN. Went to the PO in good time to hand over the form as it must have been pension day I couldn't wait in the queue and bought a stamped envelope instead and dropped it in the post box.
Returning home in mid-May, go through all the mail and junk correspondence and think nothing about it. Since half the month was gone, I needed an MoT so scheduled this to be done at the month end in time for the 1st June relicensing date. On the day I go for the MoT, I receive a letter from DVLA's Poole 'Continuous Registration' centre, stating that as I've not sent in a SORN, my vehicle is unlicensed etc etc and if I pay before 16/06/07, they'll let me off with a £40 fine, otherwise, it'll be £80.
I replied on the form they provided, stating the SORN was posted BEFORE the old tax disc expired, and that having just received an MoT, I would be relicensing it from the start of the month. I also pointed out the reason for the SORN (the vehicle being off the road).
Their response, in an unsigned letter, stated that they acknowledge all SORN applications within 4 weeks, so I should have queried its non-receipt (which was a pointless comment, as I wasn't at home awaiting their unexpected contact).
Since the courts are happy to accept that a letter that is posted is reasonably expected to be delivered within 2 days, I'm wondering if I can use this to assert that the form was indeed returned in good time, and in the same way as any other of my SORN declarations. For good measure, the DVLA didn't bother to enquire why relicensing or a SORN had not been made (not that it would have made much difference in this scenario).
I've still to receive their response to my second letter, stating that I could not have been aware of the lack of an acknowledgement letter, but assuming they remain unmoved, I'm tempted to pay the £40 under duress, then raise a Small Claims action against them for its return.
Has anyone done this, or has any suggestions as how I may force this issue?
__________________ - Raymond
Last edited by buzby; 19th June 2007 at 15:47.
|