Jump to content

dltbgyd

Registered Users

Change your profile picture
  • Posts

    1
  • Joined

  • Last visited

Reputation

1 Neutral

1 Follower

  1. My first post here but I thought I'd share my success story with the 'old' DVLA standard £40 fine issue. It might only be relevant to those that sell their car to a 2nd hand dealer who then cashes in the tax disc (as cars usually sit on their forecourts) After a P/X on my old car I duly sent off the form and got the standard £40 request letter back about 8 weeks later stating failure to SORN etc etc. I sent a response back but just got the 2nd standard issue CCJ letter - after a blowing a fuse with the automated response system I phoned their general enquiries helpline. Now as I was still legally the owner (according to them!) I was able to request information about the car and managed to get them to tell me the name/address time/date etc of who had cashed in the Tax Disc and used this as part of my argument. Not sure on the result of the 'Secretary of State V Danny Kiernan' case as yet but I put that in for good measure too as a final end note, anyway the text of my letter is below, with some other points I thought relevant and got a result in overturning the decision. Your Ref: [ref car reg] To whom it may concern, 1)You mention in your 2nd letter dated [date] that it is a matter for me to pursue the acknowledgement letter and you state that ‘details of this process can be found on the V5C’. However, I am, nor was I, in possession of the V5C due to the main part being with the dealer and the V5C/3 being posted to DVLA. 2)Further to the above the DVLA issued a Vehicle Tax Refund to the car dealer [car dealer name & address] on the [date]. 3)Due to the signing of the form V14 by the said car dealer, he made a declaration that ‘I am the holder of the licence and that I am entitled to claim the refund for which I am applying’. 4)By virtue of issuing the refund the DVLA/you have acknowledged that I am/was not the owner at this time and that the vehicle is/was effectively SORN (though car dealers do not have to declare SORN unless they are the owner). 5)If this is not the case then the DVLA has wrongfully issued the car tax refund and I request any monies issued be paid/refunded to me immediately. 6)Finally, I would also refer you to the case of ‘Secretary of State V Danny Kiernan’ at Mansfield County Court where Article 6 of the ECHR 2000 was disputed between yourselves and the appellant on similar facts which I feel are relevant to the situation as the DVLA method of trial is by computer and the postal system in trying to extort monies from me without due legal process. 7)In light of the above I am respectfully requesting that you quash/reconsider the ‘standard response’ fine of £40. Yours faithfully, Anyway, I hope that this might help someone else, or give someone hope, in their pursuit of justice! and remember: DLTBGYD:-D
×
×
  • Create New...