Help - Search - Members - Calendar
Full Version: DVLA - the law doesn't apply to us... but we don't want to test it in court
FightBack Forums > Queries > Completed Case Summaries
odom
Got to experience the joy that is the DVLA SORN system. To cut a long story short, after sending them a SORN on time, I got a "Last chance" letter, so sent them another SORN declaration by Signed For post, which was signed for thus clearly received. I then got a SORN fine so sent them a letter to complain, along with a third SORN form. They replied to the letter saying "Pay the fine or we'll come round and nick all your stuff", but STILL - even with the SORN form enclosed with the letter they'd replied to - denied I'd SORNed the vehicle.

Wrote them a final letter back saying that even if they wanted their £80 I'd see them in court and would be relying on the Interpretations Act, to counter their rubbish that I should have waited for acknowledgements of letters I knew they'd received. Eventually they gave up, writing me a nice letter back basically saying "The law doesn't apply to us, but we'll drop it this time". Absolutely mad.

Even though they now have four SORN declarations I'm yet to receive my promised acknowledgement letter, though!



Gan
If they don't consider that a letter sent by First Class post is sufficient they should say so on all their documents AND use recorded delivery themselves when they send tax discs and acknowledgement letters.
emanresu
Off subject from SORN but a confirmation of the MO of the DVLA.

I sent them a form which I signed allowing them access to my medical records. A week or so later, they sent me a copy of it back saying it wasn't signed. So I called them to say that the bit in the signature box on the form was my signature. DVLA said could I write back to confirm that is was as they had enclosed a stamped address envelope.

So not matter how stupid the request, or how idiotic the situation, another letter to the DVLA is required.

Kafka must have worked there at some time.
Broadsword
Watchdog next week is featuring a DVLA and SORN special (or so I've been told)
KillerSteve
QUOTE (Gan @ Sat, 24 Sep 2011 - 13:51) *
If they don't consider that a letter sent by First Class post is sufficient they should say so on all their documents AND use recorded delivery themselves when they send tax discs and acknowledgement letters.



funny how in the new proposed Protection of Freedoms bill the government is saying that "it is presumed that a notice to RK from a PPC is received on the second business day unless proven the contrary( an almost impossible thing to do which surely cannot meet the ECHR requirements ), yet the government in the guise of the DVLA don't want to recognise this principle when it works against them. bunch of sharks they are at the DVLA and they need to put up or shut up - take it to the Supreme Court and let them decide if the Interpretations Act is worthless or not.
odom
QUOTE (KillerSteve @ Mon, 10 Oct 2011 - 21:33) *
bunch of sharks they are at the DVLA and they need to put up or shut up - take it to the Supreme Court and let them decide if the Interpretations Act is worthless or not.

The letter above clearly shows that they are not so dissimilar to the PPCs. They send lots of threatening letters to try and get money, but in the end if they suspect being humiliated in court (again), they will roll over as they know their handling of SORN forms is unlawful and shoddy.

Nice little earner if you can get paid £80 for your incompetence though, I suppose.
The Rookie
QUOTE (KillerSteve @ Mon, 10 Oct 2011 - 21:33) *
funny how in the new proposed Protection of Freedoms bill the government is saying that "it is presumed that a notice to RK from a PPC is received on the second business day unless proven the contrary( an almost impossible thing to do which surely cannot meet the ECHR requirements )

Read the intepretation act, then you can delete your waffle, its the same for NIPs, credable verbal evidence is all the proof needed.

Simon
KillerSteve
QUOTE (The Rookie @ Tue, 11 Oct 2011 - 14:35) *
QUOTE (KillerSteve @ Mon, 10 Oct 2011 - 21:33) *
funny how in the new proposed Protection of Freedoms bill the government is saying that "it is presumed that a notice to RK from a PPC is received on the second business day unless proven the contrary( an almost impossible thing to do which surely cannot meet the ECHR requirements )

Read the intepretation act, then you can delete your waffle, its the same for NIPs, credable verbal evidence is all the proof needed.

Simon


what are you on about? lay off it, it may be too strong for you. the government have included this "presumed to be been delivered...." in the new protection of freedoms bill even though they don't need to as it is covered by the Interpretations act. Or maybe you just misunderstood?
The Rookie
Many, many things are presumed to be delivered already, its no difference and creadable verbal evidence is often all that is needed to disprove the presumption, as it is already for S172 notices for example (which relate to a criminal offence after all), or maybe that's too strong for you to cope with?

Simon
bama
Indeed. All presumptions are rebuttable. if they were not they would not be presumptions.
mortons
Having dealt with many many of these and S172 notices professionally the best thing is to
- Photocopy completed forms and documents your sending
- Send by registered post (with tracking option)

Don't skimp on the cost. It will save you so much hassle later.

I actually think the amount of post that goes missing is incredible. This account bears similar hallmarks to four or five cases we have dealt with.
bama
registered post

whats that ? (I thought they stopped that some time ago in the UK)

If you mean recorded delivery then its a waste of time IMO.
recorded delivery mail to large organisations doesn't get signed for, its just lumped in the sacks/lorry with the rest.
that applies to mail going to the Courts as well IME.

Special Delivery will get you a signature. provided it gets there, or to the right place and provided you can get confirmation back out of the RM.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2012 Invision Power Services, Inc.