Thread: Is This Normal?

I have been receiving letters for the last 4-5 months. I sorn two vehicles in March 2004. I have written over ten letters to these people who say that if I have any problems I should contact DVLA. I have written several letters to DVLA, never had a response even though I sent recorded delivery. I have sent several letters to Phillips recorded delivery but they never acknowledge my letters. I get two letters each week and must have about 20 of them.
So please could someone read this letter and advise me what to do. I was thinking of writing to them and ask them to take me to court, because it would be so much easier to explain to the judge than to these prats.

Thanks in advance.

http://i450.photobucket.com/albums/q...2009_00000.jpg



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Can we have a few more details, frettful? Is this (another) case of DVLA using a debt collector to try and enforce Late Licencing Penalties for the cars you've notified SORN on?

Hi spunkymonkey,

I rang phillips a few months ago and they said these fines were that I did not tax my vehicles from April-Sept 08. Thats why they have fined me. I told them that I had sorn the two vehicles off the road but I don't think they understood my english and said that if I had a problem I should contact DVLA who instructed them to chase me.
No reply from DVLA and now do not know what is going on,

So, just to get it completely clear:

You sent SORN notices to DVLA for the two cars when the previous tax expired and DVLA then raised Late Licensing Penalties after the tax ran out and are now getting a DCA to chase you for the money?

If that's the situation then, to answer the thread title, it seems to be depressingly normal! Don't pay the DCA, at least for now, because they can't do anything to get the money off you without taking you to court first.

If you look round the forums here there are quite a few threads about these penalties including stuff about my similar situation. In my case I'd notified a change of keeper about 5 months before the SORN on the car ran out but they say they have no record of that. Details of the approach I'm taking are here:

http://www.consumeractiongroup.co.uk...dit-again.html

Note that I'm not suggesting that you do the same - but if you genuinely sent the SORN notices in then there's no reason you should be liable for their mistakes, no matter what they try to tell you.

Thanks spunkymonkey,

Internet server was very busy, so thought I would try later, You have written exactly what has happened. So for now I am just going to keep putting these letters from Phillips in my file.

I got this letter today, was dated 30/12/08 and said that I should make payment within the next 7 days, that's all they ever write.

Thank you very much for your great advice, that's one less worry before bedtime

No problem, it's a pleasure

Someone has just raised an interesting point that attempting to extract an "alleged" debt without proving could be interpreted as theft under the Theft Act - will look into it and report back

Great

I will keep an eye on your update, in the meantime I guess I should but a few more files because the paperload in my house is nearly touching the ceiling

Well, the relevent part of the Theft Act (S15) appears to have been repealed. The fun part of that is that it's been replaced by the Fraud Act 2006, section 2 of which gives:

Fraud by false representation

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if—

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) “Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Now, DVLA have made a representation to me that I am liable for this debt, and stated that the fact that I posted notice of the change of keeper makes no difference. I'd also suggest that DVLA, as a Government Agency charged with administering continuous registration, could reasonably be expected to know the facts of law that may apply.

Given the above, if my contention that postage of the notice is sufficient under the law, they are already guilty of fraud under the Fraud Act 2006 S2, regardless of whether they actually convince me to pay.

Oops

I will surely use your thread above if things go that far. You seem to have done a lot of homework on this subject. I had not heard from phillips for about two weeks and was getting relieved that maybe my last letter stopped them once and for all. God they are such persistent assess ,
Well guess this country is trying to keep everyone busy somehow or the other not that there is anything better that we could be doing with our time apart from writing crap after crap, and what a waste of postage. For a joke I think I should send them a demand for refund of the stamps I used to send them letters, sounds stupid don't it well so does there letters. They are all the same, bunch of tossers if you ask me got nothing better to do than to write crap to us.