Thread: The Joys of SORN

I've been in a long argument with the DVLA over SORN penalties (LLP's), I believe DVLA have failed to be compliant with the law since about March 2004.
There's a news report on it here Clicky

What it comes down to is as follows, DVLA have failed to understand the law in regards to service.

The laws governing service are the interpretations act 1974, section 7 which states the following...

7 References to service by post

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

So basically you can't know about something until you receive it.

DVLA issues Late licensing penalties using section 9a road vehicle (registration and licensing) (amendment) (no.3) regulations 2002 which takes it's lead from the interpretations act in regard to service.


Supplement payable on late renewal of vehicle licence
9A. - (1) Where paragraph (2) applies a supplement of the amount prescribed in paragraph (3) shall be payable.

(2) This paragraph applies where -

(a) a vehicle licence taken out for a vehicle expires,

(b) no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and

© the registered keeper has failed to comply with requirements contained in Schedule 4.

(3) The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.

(4) The supplement shall be payable by the person in whose name the vehicle is registered under the 1994 Act at the date of the expiry of the licence by reason of whose late renewal the supplement becomes payable.".

Problem is the law states you have 28 days to pay from the day you are notified yet DVLA date the 28 days from the date they print the letter. To add to this there is the following FOI request Clicky

Basically in this FOI request DVLA admit they send SORN LLP's by different types of mail service for service with varying times for the LLP's to enter the post system, they don't record what service is used, what date the LLP's are posted nor even retain proof that they were posted for more than 3 months as the records are overwritten.

To add even further to this I can prove DVLA are losing mail internally, a SORN declaration sent by Recorded delivery was lost after being signed for within DVLA. This instance led to this FOI request Clicky where DVLA admit they don't count reports of missing mail as missing unless it is submitted in written form to the Customer services team. Everyone who has complained on the phone doesn't have their complaint recorded.

So with all this in mind I am being taken to court by DVLA for my refusal to pay their penalties, what tack do people think I should take?

Challenge them as being incompetent. Bring all the evidence to court and be prepared to present ALL you varying arguments on why you should not be asked to pay. The judge will then pick which is the strongest argument, and either deny their action ot tell you you've not proved your defence.

When you win, remember to ask for expenses.

This should be in a Magistrates' Court, where you don't need to prove your defence per se. the DVLA need to prove their case beyond reasonable doubt.

Now that is VERY VERY interesting. Thank you.