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bobthebuilder69

DVLA Sorn Fine, Please advice.....

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My mrs had a sorn fine through for £80 for a moped she sold years ago to a motor trader, she even knew who to and their address.

 

When she sold the moped she sent off the appropriate paperwork etc, the dvla are stating no notification was received until after the late licensing penalty was issued. then quote information via the acknowledgement letter but not long after selling the moped she moved in with me, she had no acknowledgement letter anyhow. They quote teh system is designed to negate any uncertainty that may be experiences by either the sender or the intended recipient, as to whether a notification of disposal submiutted has actually be sent or indeed received.

 

They then state that had an enquiry been made in respect of the absence of an acknowledgement letter been made the issue of the late licensing penalty could have been prevented.

 

We quoted the interpretation act in my earlier correspondence the DVLA response was that it is was the agencys position that it is not sufficient for a person issued with a late licensing penalty who is registered as a vehicle keeper to simply state that a disposal notification has been posted to the dvla. Should such assertion be accepted dvla would be unable to fairly preside over the enforcement of CR and ensure that the aims of the legislation are achieved, something more tangaible than an assertion is needed to prove that a registered keeper has discharged the obligation to notify. This is why the achnowledgement letter scheme is such a fundamental part of the disposal process.

 

They have offered me a reduced settlement of £40 down from £80? can i still argue im not liable, as i wasnt the owner.!

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We quoted the interpretation act in my earlier correspondence the DVLA response was that it is was the agencys position that it is not sufficient for a person issued with a late licensing penalty who is registered as a vehicle keeper to simply state that a disposal notification has been posted to the dvla. Should such assertion be accepted dvla would be unable to fairly preside over the enforcement of CR and ensure that the aims of the legislation are achieved, something more tangaible than an assertion is needed to prove that a registered keeper has discharged the obligation to notify. This is why the achnowledgement letter scheme is such a fundamental part of the disposal process.

 

Their "response" to your quotation of the Interpretation Act can be whatever the hell they like.... but they cannot change the law!

 

The interpretation Act is a law, their "confirmation letter" is a courtesy.

 

Stand your ground on you being right, and should they continue to pursue you, it will ultimately lead to a court case where your "assertion" will become a statement of truth under oath. They will have little room for manourve then as they will have to be calling you a liar in court!!

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Ignore them! Provided that you happy to go to court (it's unlikely to go that far) and say that you posted the notification. There is sweet FA that the DVLA can do about it as you have discharged your duty at that point. Pivotal in your case would be the DVLA's apparent argument that they can effectively 'roll back' your discharging of 'duty to notify' which quite frankly would be funny to hear. Their solicitor would be laughed out of court!

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