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    • So I am now in receipt of a second Letter of Claim this time from DCBL although their letter head now says " DCBLegal"  😱 Now I'm guessing one response to a letter of claim is sufficient and I could ignore this but having been inspired by other snotty letters I wanted to have another bash at one. How does this sound? Dear Lackeys of Company with Unconscionable Morals, Thank you ever so much for gracing me with yet another Letter Before Claim on behalf of Excel Parking Services. How many of these delightful missives do you plan on sending before you muster the courage to follow through on your threats to take me to court? Just so we're clear, here is the response (in italics by that I mean the slanted text below) I previously sent to Excel’s Letter Before Claim, in case your attention to detail is as lacking as I suspect: I am currently 2-0 up in terms of Small Claims Court proceedings and I look forward to the opportunity to claim a hat trick, this case being more straightforward than my previous two. I will be asking the court for an unreasonable costs order under CPR 27.14(2)(g) due to your conduct over this absurd claim. Despite my best efforts, you continue to assert that I have breached your terms. However, I cannot breach terms that I was not present to accept. Have you even read my initial response? I suggest you review it thoroughly and save yourself some money. Additionally, please refer to section 13 of the IPC Code of Practice, 2023 edition. I eagerly await your deafening silence. Remarkably, I haven't heard a peep from Excel since my response; instead, they've passed the baton to you to perform this tiresome routine once more. Consider this my official notice that I am sending a cease and desist letter to Excel Parking Services. Their relentless hounding has crossed the line into clear harassment. Any further demands for payment from you, as Excel's lackeys, will be regarded as nothing more than shameless acts of intimidation and harassment. I now look forward to the deafening sound of your silence. Yours sincerely,
    • Personally I'd go to it and object for the sake of it. They have to attend anyway so I can't see you being liable for any costs or anything (if they try to ask for attendance costs, just say that firstly it is their application, secondly it is from their own making, thirdly that they would have to come anyway so you shouldn't need to bear their costs.   When you turn up you should object on the basis that the witness has been in office since the time of the order, and could have done their witnes statement in advance of their AL. Their poor planning is not your fault, 7 days is too rushed for you as a LIP and there is no good reason that a company can't organise itself to sort WX in time. Also they say finalise so they already have something, its not like thye have nothing. Their amendments cannot be so important if they are being added so late.   see what @AndyOrch says but that's my thoughts  
    • Yes, in the main your understanding of my case is right. Linked below to the post with the final WS sent to the court and to Evri.   
    • Hello, welcome to CAG. As you say, appealing this ticket doesn't help as these people hardly ever accept appeals. They don't care how difficult someone's life is, they just want the money. The forum guys should be along later with thoughts for you on how to deal with this. Best, HB
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SORN outstanding tax


BobJones
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Hi all,

 

I forgot to SORN my 2nd car.

Long story short a debt collector phoned me saying I owed the DVLA £80.

I called the DVLA and I did indeed have an £80 fine.

The car has been off the road in my garage for 14 months, its insured but no MOT for 12 months either as I have not been driving it. 

 

I paid the £80, no issue there as I was my own fault.

Then the woman on the phone asked if I wanted to pay my tax balance, insinuating that I owe 14 months of tax for a car that has been siting in my garage. Bottom line is I am not in a position to pay £400 at this time of the year, so I said no.

I then asked if I would get fined again, and she said no as I am now SORN.

I said well what about the outstanding money, and TBH she was clear as mud!

She sent me an email, which again, was clear as mud.

 

Has anyone had any experience with this?

Its a joke that they want to charge me £400 in tax for a car that has been off the road.

The whole thing seems like a racket to me, its not really rocket science...

If someone doesn't tax their car in a given time then just auto SORN the thing.

Of course then they couldn't charge people £500 in road tax and fines for a car that's been no where near the road. 

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all you should have done was sorn it, there is no need for MOT nor Insurance if it is on private land.

NOTE - DVLA Cannot Prosecute After 6 Months - DVLA - Consumer Action Group

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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4 hours ago, BobJones said:

If someone doesn't tax their car in a given time then just auto SORN the thing.

What you are asking them to do is to undertake the duty that you have. All vehicles must either be taxed or SORNd. The decision is yours but you have an obligation to do one or the other.

 

Alas you will be unable to take advantage of the six month time limit on prosecutions. The offence you have committed is not failing to tax your car. If it was, that would have occurred the day after it expired and you could not be prosecuted beyond six months after that date. The offence you have committed is keeping a vehicle that has been neither taxed nor SORNd. It is a continuous offence and is committed all the time your car is not taxed or SORNd (in your case from the date your tax expired until your SORN was accepted). You are liable to prosecution until six months after that date. 

 

You need to sort this out with the DVLA and if they do not make it clear to you ask to speak to somebody who will explain it to you. I don't know if the DVLA will accept a payment plan but they are entitled to collect the unpaid tax from you. If you don't pay it you will almost certainly see yourself prosecuted for the offence.

Edited by Man in the middle
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