Fine for not SORNing although I was reimbursed tax after writing off my car...

[jaspermowatt]

Hi,

 

a while ago I wrote off my car and sent it to the scrappy.

 

I applied for the remaining tax to be reimbursed to me and sure enough, that happened no problem.

 

after a few months I received a letter from the dvla and subsequently was fined.

 

I argued saying that if I was given the money back from the tax

then surely they must of realised that the car was off the road.

 

Furthermore the form that I applied for the tax back stated

that a refund wont be given unless certain criteria had been satisfied

 

Here is the relevant words from the form:

You will only receive a refund if one of the following applies:

 

You are the current or last registered keeper and:

• you have recently sold, transferred or exported the vehicle.

If you have not already told DVLA please enclose the relevant

section of the Registration Certificate (V5C) with this application.

 

You are the current registered keeper and:

• you are keeping the vehicle off the public road and you will not

tax it within the next 21 days.

YOU MUST MAKE A SORN BY FILLING IN SECTION 3 OPPOSITE,

or

• the vehicle has been scrapped by an Authorised Treatment Facility,

or

• you have changed the vehicle’s tax class to a nil value tax class

(such as ‘Disabled’),

or

• the vehicle has been stolen (see note A over the page).

 

Also the form has an option you can tick and the car will be sorn,

I can't remember if I ticked this, although I cant imagine why I wouldn't have...

 

I paid the fine as the appeals were being discarded

 

however I was wondering whether I have a case to claim the money back from the dvla

because I don't see how I was in the wrong..

. If so, how would I go about doing this?

 

Thank you, any advice would be greatly appreciated

 

Jasper

[f16]

Hi jaspermowatt and welcome to CAG

 

Did you get a receipt when you scrapped the car ?

How did they "pay"you for the car ?

 

How did you pay the "Fine" ???

[jaspermowatt]

Hello,

Well the car was recovered because I ended up in hospital and therefore I had to pay to have the car recovered and thus didn't get anything for the scraped car. I did get a certificate of destruction however that was only after I found out I needed one and the dvla had already fined me. I paid over the phone for the fine

 

Thank you

[f16]

Well the certificate of destruction is all you need.

That is your "Proof"

 

I don't do the "Legal" bit. Others will advise.

 

Question for every one.

 

Can the OP use Chargeback ???

[jaspermowatt]

Ah but there is a slight issue, The CoD was issued after the initial fine and therefore the dvla are not accepting this.

[f16]

Where was the vehicle stored in between the date of the accident and the CoD date ??

[jaspermowatt]

The recovery place/scrappy

[f16]

So did the Police call the recovery ?

 

Did you get a receipt for the recovery ?

Will the recovery Co. vouch for the fact that the car was in their yard until it was "Crushed" ?

[jaspermowatt]

Yes thats right. I don't think I had a receipt. Under normal circumstances i would have but the whole recovery was out of my control, took me a while for me to find out where my car went! Yes they would vouch.

[f16]

Also I assume your insurance would have had "dealings" with the Police on your behalf.

 

Therefore your insurance will be able to state via a Police accident report that the car was recovered by XYZ recovery

and stored at their yard.

F16

[jaspermowatt]

The insurance were not involved because I didn't claim and no one else was involved

[f16]

The recovery CO. must have documentation relating to the collection of your car that they can photo copy and give you.

Along with a statement that the car never left their yard hence the CoD. :-D

[jaspermowatt]

I have tried this way, and the dvla didn't acknowledge, they said it was my responsibility to tell them at the time.

Another bit of information I have just remembered is that I was sent 4 v5c for the car, I still have two - one went with the car and I sent one off. This is, I only had the car a week so i didn't have time to contact the dvla to let them know this and obviously after the incident I thought it wasn't relevant

[f16]

I can't see how they can argue Post #12 if you sent them all the documents

[jaspermowatt]

Precisely my thoughts too, they replied threatening court action and I couldn't be bothered with that so I paid up and decided I would try and argue afterwards.

[Raykay]

The claim (it is not a fine) by the DVLA would be for either the Late Licensing Penalty, or an out of court settlement offer for being the registered keeper of an unlicensed vehicle.

 

 

The OP would still have been the registered keeper until the certificate of destruction was issued, so if there was a gap between the time the licence was surrendered and the time the certificate of destruction was issued, that would be the reason for the claim.

[jaspermowatt]

The claim (it is not a fine) by the DVLA would be for either the Late Licensing Penalty, or an out of court settlement offer for being the registered keeper of an unlicensed vehicle.

 

 

The OP would still have been the registered keeper until the certificate of destruction was issued, so if there was a gap between the time the licence was surrendered and the time the certificate of destruction was issued, that would be the reason for the claim.

 

But then why was I issued a tax refund if they knew this gap existed?

[Raykay]

But then why was I issued a tax refund if they knew this gap existed?

 

 

 

The refund would be issued for one of the reasons in your first post. The gap was after the refund and would have been caused by the delay in obtaining a certificate of destruction.