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DVLA sorn fine


harrison26
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Hi and welcome to CAG.

 

I have moved your thread to the DVLA forum where the guys will be happy to help as soon as they are available.

Thanks, I was having a look round and couldn't get into the transport section.

Thank you,

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Did you post off your SORN to the DVLA first class? If you did you have fulfilled your statutory obligations. If you did post it first class the DVLA have to prove that you didn't. If you do post anything to the DVLA first class in future do it in the Post Office and get the free proof of postage from the person behind the counter.

 

See section 7 of the Interpretations Act 1978.

 

http://www.legislation.gov.uk/ukpga/1978/30

 

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.

Edited by DaniPedrosa
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Did you post off your SORN to the DVLA first class? If you did you have fulfilled your statutory obligations. If you did post it first class the DVLA have to prove that you didn't. If you do post anything to the DVLA first class in future do it in the Post Office and get the free proof of postage from the person behind the counter.

thanks, any ideas on how best to word it in a letter to the dvla?

Thanks

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In the past I kept my letters to the DVLA short and to the point. I think it was the delightful Mrs Wooley who was insistant I had to pay a 'fine'. Simply tell the DVLA the SORN for vehicle XXXX XXX was posted first class in a correctly addressed envelope to them on XX day of XX month. Quote them section 7 of the IA 1978 and tell them you will not pay any 'fine' unless ordered to do so by a court.

 

The DVLA will probably reply telling you that you still have to pay the 'fine' and it is your fault for not chasing them up after 4 weeks. However I can not find any mention of the need to chase the DVLA up after 4 weeks in any of the statutes I have looked at. You could ask the DVLA to name the particular law that enables them to impose this requirement upon you.

 

If you feel like playing the DVLA at their own game. You can impose your own requirement upon them, as it has as much basis as their made up requirement in law. Upon every correspondence you have with the DVLA in large red lettering put 'If the DVLA have not received expected correspondence from harrison26 in respect of vehicle XXXX XXX the DVLA must within 4 weeks of not receiving the expected correspondence contact harrison26 to establish if the document has been posted first class.

 

Or something similar.

Edited by DaniPedrosa
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