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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
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    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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SORN problems


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Hi all,

 

I re-SORN'd my car in January, having received a reminder from the DVLA, but received a penalty letter at the end of last month telling me that I haven't declared the vehicle SORN or taxed it. It appears they haven't received the paperwork.

 

I immediately wrote to the DVLA stating the details of the SORN declaration in January, and saying that, as I have fully complied with their instructions, I feel that I am not liable for the penalty charge. They eventually wrote back acknowledging my letter but saying that it is my responsibility to make sure I get a reply from them accepting that the vehicle is off the road. They are still asking for the penalty.

 

Do I have any legs to stand on here?

 

Any help would be greatly appreciated.

Many thanks

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They eventually wrote back acknowledging my letter but saying that it is my responsibility to make sure I get a reply from them accepting that the vehicle is off the road.

 

How on earth can they state that you are responsible for their actions? Are you supposed to deliver the SORN by hand and camp out in the carpark until they respond?

I've never done a SORN declaration so am unsure of the process, do they normally confirm receipt of this, or have to send you a document in response?

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Yes they send you a confirmation letter. If you don't receive one you should chase them up to check they have received your SORN.

 

How on earth can they state that you are responsible for their actions?

 

Their actions? What actions? They didn't receive the SORN, it is hardly their fault!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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How on earth can they state that you are responsible for their actions?

 

Does it state on their SORN forms that they will send you a letter back telling you that they have received your SORN form, if not it's their problem not yours.and if it doesn't state it ask them at which part are you responsible.

 

LttrOLgo.gif;JSESSIONID_EvlPortalApp=G1TqygMhGSrdWRXJy4vwHHpDx932T8Fw4H7yqXH0Qwqd2dbfY7h2%211248264627%212119303607 SORN Confirmation Letter

When you have completed this declaration, a SORN confirmation letter will be sent to the registered keeper’s address currently held by DVLA and should arrive in the post within 4 weeks.

 

so why has it taken them 3 months to tell you that your vehicle is not taxed.

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Every month the DVLA will carry out computer checks to identify vehicles that do not have a valid tax disc. They don't need to see your vehicle on a public road to find out if its tax disc is up to date. They just need to check their computer, which stores details about every registered vehicle and vehicle keeper in Great Britain. Even if you don't pay for your tax disc - for example, if your vehicle is in an exempt taxation class - you must still display your tax disc and it must be up to date.

 

that's one month not three:roll:

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What gets me is that it becomes your responsibility to get a reply from them and there is an assumption that they didn't receive the document you posted to them. They bang on a penalty charge...on the assumption that you received their communication and ignored it! It seems that either way it becomes the responsibility of the consumer!

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I don't know why it took them so long to contact me. I didn't get an acknowledgement the first time I SORN'd the car either. When I mentioned this to them over the phone last week, they just said it must have got lost in the post and I should have contacted them to get another one.

 

They seem to have got it sewn up all ways round. Obviously my SORN paperwork this time must have got lost somewhere, either before it got to them or in their department, but they didn't contact me to ask if I'd sent it or to send another because it may have got lost - they just waited 3 months and sent me a penalty notice.

 

Apparently, you are supposed to keep it in mind that you haven't had the receipt from them and chase after them for new documentation. If they don't get your SORN declaration for any reason, it's just assumed that you've defaulted.

 

I wouldn't mind so much if I'd just forgotten to do the blasted thing - I'd have deserved the penalty!!

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