Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Little while back I made sorn my motorbike at the end of August 2008 that was when my tax disc run out and was not going to use the bike hence to sorn my bike. I then recived a letter on March 13th from Philips. (DCA) I made contact with DVLA and they said they recieved my sorn in December 2008 but because it was late getting to them i was fined £80.
I honestly sent my sorn when my tax disc expired, i feel its not my fault that they did not get my sorn. They said they would of sent reminders to pay, but i NEVER recieved these if i had then i would be challeging this earlier.
DVLA said if i did not recieve a acknowledge letter then i should of phoned up.True but i just assumed all things going to plan. Philips have stopped pestering me but DVLA say fine still stands.
Is there a letter i can write to them please?????
Not going to be mugged by these idiots.......
You could try asking them for a photocopy of your SORN application to check out the date stamp.
Other than that, I can only think of a Subject access request (which will cost £10 anyway) to get hold of all the documentation they allegedly sent and also details of what was recorded on the database for this vehicle.
If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing!
Notify them again that you sent the SORN on time and correctly and clearly they had lost your SORN in their system.
Tell them that if they do not notify you the the fine is cancelled then you will be more than happy to discuss it with them in court. Any attempt for them to pass the "fine" on to a DCA again will be reported to the authorities as no disputed debt can be passd to a DCA. If they do not accept this notification as a closure you demand that they pursue it immediately to court.
Well, considering they're telling people they don't have full driving licences when they passed their test some 20 odd years ago, I would have to agree!!
If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing!
As expected, their total "defence" is that you didn't pursue the acknowledgement letter after 4 weeks. There is no requirement in law for them to either send it, or for you to pursue it's non-appearance.
The law requires you to notify them, which you did. Whilst it may have been "helpful" if you had noticed they hadn't done their job right, you should not be penalised for failing to notice their cock-up.
If/when you get it to court, you will be able to swear to your actions and timings again. They will now be accusing you of lying to a court and the penalties for doing that are far greater than the SORN fine so why would you?