DVLA SORN Eventual CCJ

[Rob S]

Aphrodite, how did you obtain your tax disc, was it at a post office or did you do it online? And when did you receive it?

[Aphrodite18]

I bought it at a post office and paid for it by cheque. I telephoned the bank to make sure the cheque went thru and it did about 4 days after I wrote it. so I know it is not my fault - all I can think is there was a glitch between teh post office and the DVLA over which I would have no control let alone knowledge of it...

[Rob S]

So your tax disc is your proof of the fact you did tax your car. I would go to court with the tax disc and all the correspondence you have between you and DVLA and then show it to the court and ask for your expenses.

[hulsevictoria]

I think there have been a lot of "glitches" with the DVLA's new automated system.

They have this new super database of who has tax and who dosen't and I'm wondering if this database dosen't automatically issue penalty's as and when there is a small glitch. It's all computerized which leaves it open to loads of problems.

It's just a thought.

[Aphrodite18]

Thank you very much - what is the likelihood of getting what are now going to be hefty expenses..ie airfares etc? an I claim for victimisation and stress??? That's how it feels and noone ever seems to cost that into equations.. I still cope but often wonder how many deaths thru stress this sort of stuff causes.. seriously.

[Rob S]

Have you tried contacting the court to inform them that your car was taxed and that you attending on the 12th June will be a complete waste of time, given the fact the car was taxed and you have the tax disc for it?

[Aphrodite18]

Well... sort of I was told about the court thing and the date by my daughter as the summonses had arrived and I just assumed I had to attend as it was a summonse so I booked the flight! Later I did phone the court and they said no chance (more politely..) and that I could send the stuff in but that is all very well but the stuff is in the UK and I am here...so really to check on what my daughter has done in her efforts to help I still need to go there as it is all in my name ... hence the horrible costs and if I had known I would have avoided going...

[Rob S]

One thing we haven't established here is the exact reason why you are having to go to court. Why have you been summonsed. If you have the exact wording to hand that would be useful. You mentioned your daughter paid £65, what was that for?

[demon_x_slash]

And did the court clerk tell you that you wouldn't be able to attend? That's rubbish, I'm sorry - when you have a case presented against you, you have the right to be there to defend yourself.

[hulsevictoria]

Go to court. Be sure to go there and defend yourself. Put your case foreward. If you can win your case, then you can look into getting expenses refunded. Ask them at the court what to do about getting expenses refunded.

But if you lose make sure you pay the fine within a month or you'll get a CCJ and then you will be incapable of getting any decent credit for 6 years.

[Aphrodite18]

The DVLA told her that was the fee to avoid getting a CCJ slapped on me and so she did it. I am sorry I cannot provide the specific wording of anything as I haven't seen it as it is in ngland so I will see it all the day before I go to Court!! I honestly don't see how I can lose as I paid for my tax disc and I have the disc which was issued and paid for in teh July and they claim I didn't have it in the Septemeber - yet it was a 12 month disc!! Mad or wot mate?

[Rob S]

It's totally mad. I would be making a formal complaint to DVLA as it is clear their system is flawed. You have a tax disc and proof it was paid for and the payment has cleared your bank account.

[Aphrodite18]

The Court Clerk did not tell me I couldn't attend. Just said I didn't have to attend as the evidence could be sent in. Which is not possible as i am here and the Court is a plane ride away!! Post from here is not the most reliable either - even if I had the docs here - which I haven't. Ho Hum happy days eh... still it is:) sunny today

[Aphrodite18]

Thank you I agree a formal complaint after the event is probably the way to go - what's the betting that gets glitched up and buried.. hahaha boo hooooo!

[Aphrodite18]

I just want to say I am sorry Hulsavictoria as i have ridden on the back of your issue - but as a newby I didn't (and still dont) know how to actually start a new topic/thread so I piggy backed yours as it seemed to be related ish!

[Aphrodite18]

Hi again and yes Rob, the biggest larf > is the fact they are chasing me for something I bought some two months before ie purchased in July and they start chasing re September and we are going to court the following June which is some 11 months after I bought the ruddy disc!! Have a nice weekend everyone...

[hulsevictoria]

Yeah I dont mind You hijacking me at the moment.

I have been speaking to someone about a way to get this CCJ removed. It's a long slow process but I think I'm going to give it a try.

Lot's of letters to Northampton Bulk Centre, but I'm used to this now.

[buzby]

Hope you don't mind me throwing this into the same thread, as there's a similar situation arising.

 

I received an invitation to relicense my vehicle last February, but as I was going abroad and the vehicle was garaged, I'd declare a SORN. Went to the PO in good time to hand over the form as it must have been pension day I couldn't wait in the queue and bought a stamped envelope instead and dropped it in the post box.

 

Returning home in mid-May, go through all the mail and junk correspondence and think nothing about it. Since half the month was gone, I needed an MoT so scheduled this to be done at the month end in time for the 1st June relicensing date. On the day I go for the MoT, I receive a letter from DVLA's Poole 'Continuous Registration' centre, stating that as I've not sent in a SORN, my vehicle is unlicensed etc etc and if I pay before 16/06/07, they'll let me off with a £40 fine, otherwise, it'll be £80.

 

I replied on the form they provided, stating the SORN was posted BEFORE the old tax disc expired, and that having just received an MoT, I would be relicensing it from the start of the month. I also pointed out the reason for the SORN (the vehicle being off the road).

 

Their response, in an unsigned letter, stated that they acknowledge all SORN applications within 4 weeks, so I should have queried its non-receipt (which was a pointless comment, as I wasn't at home awaiting their unexpected contact).

 

Since the courts are happy to accept that a letter that is posted is reasonably expected to be delivered within 2 days, I'm wondering if I can use this to assert that the form was indeed returned in good time, and in the same way as any other of my SORN declarations. For good measure, the DVLA didn't bother to enquire why relicensing or a SORN had not been made (not that it would have made much difference in this scenario).

 

I've still to receive their response to my second letter, stating that I could not have been aware of the lack of an acknowledgement letter, but assuming they remain unmoved, I'm tempted to pay the £40 under duress, then raise a Small Claims action against them for its return.

 

Has anyone done this, or has any suggestions as how I may force this issue?

[Aphrodite18]

Hi there and thogh it may not help you I would like to relate another DVLA quirk! In August 2005 we informed them that the vehicle was going to be taken off the road as it was being shipped abroad in September and therefore no longer taxable in the uk... sure enough some months later we get a later saying it needs taxing. I telephoned them to say we had already written to explain it was going abroad and I was told we would have to write again to confirm it... with hindisight I and on the basis of current lala situation I thinkit is fair to say their records handling and data division must have gone down the tubes or is awol!! Go 4 the small claim if you don't mind the hassle factor they (Govt) get away with far too much!! We couldn't!

[hulsevictoria]

No feel free to get your woes off your chest regarding DVLA. Their beurocracy and data handling are causing problems for so many.

I think this "super" computer they have regarding data on all vehicles tax circumstances is a bit off.