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finchley

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  1. Here's an update. And it's not good I sent a letter listing a number of objections to the penalty, including that section of the interpretation act 1978 - thanks Conniff. The DVLA replied with a detailed letter answering all my objections. About the interpretation act, they said: "Regulations 23 , Road Vehicles (Registration and licensing) Regulations 2002 requires you to 'forthwith notify the Secretary of State' and not serve . Had an enquiry in respect of the absence of an Acknowledgement Letter been received, the issue of a Late Licensing Penalty could have been prevented" Hurumph. Any more suggestions anyone? Otherwise I'll be paying up on 13th August to avoid the penalty going up to £80. Thanks for your help, Miss Finchley
  2. Thanks for your reply, Rob. I've searched this forum for templates but only found the one entitled "Template letter for SORN fines" which is SORN-specific. Is that the one you mean? Unfortunately I did not send the V5 and tax refund form in the same envelope.
  3. Hello, Just found this forum after months of feeling very alone in my fight against the DVLA. I hope someone can help me! In Jan 2008 I had my car scrapped, sent off the stamped V5 slip (unfortunately not registered post and have no photocopy or evidence of posting) and a few days later sent off my tax disc for a refund. I received the refund 4 weeks later and thought that must mean they'd got the V5 (otherwise, why would they think I deserve a refund?) In March I got a Late Licensing Penalty for "failure to relicense my vehicle". I wrote back explaining that I'd scrapped the car, sent the V5 and had got a tax refund. They replied saying that unless I can provide either a Certificate of Destruction or the acknowledgement letter from the DVLA (which I never received), I am liable for the fine. The scrappers have now provided me with a letter on headed paper confirming the car was scrapped in Jan. But they say they do not issue Certificates of Destruction. But I spoke a DVLA representative on the phone who said that a letter is probably insufficient, only a Cert. of Destruction will do. He said that I was at fault because I did not phone them 4 weeks after sending the V5, as is instructed on the registration document. I said that it does not state on the document that failure to phone them in a specific time period will result in a fine. He said I might have a point, but I'm still liable. (I'm not sure how much of this call was recorded - so will have to put any good arguments to them in writing) I now need to write them a letter in a couple of days (before the penalty increases to £80), enclosing the letter from the scrapping place, and putting forward my case in the most convincing way! It's clearly unjust, and for that reason I want to fight, even though the thought of this whole business makes me sick to my stomach. (Especially the thought of it dragging on or going to court) Can anyone offer advice as to what arguments I should put forward? Has anyone successfully fought a similar battle? Any help and encouragement very much appreciated! - Miss "Finchley"
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