I'm detailing this in the hope that someone may have some legal advice.
My disabled wife sent off a sorn notice in Nov last year for an off road morgan she could no longer drive.
DVLA didn't acknowledge and sent a supliment notice in Jan 05
She contacted them and in the end we had to write declaring the sorn which was finally sent to us dated 1-11-04 to 31-10-05 on the 31st March 2005.
In May 2005 DVLA prosecuted me for not declaring sorn, i was away and have a case to over turn the judgement on thursday 12.00 in reading county court.
They gave their case this afternoon, a day before the hearing, saying that despite sorn being declared for the period and a notice issued that the delay in having it declared meant we were still liable for the suppliment charge of £80 plus costs of £20.
Any help or advice would be grately appreciated
|
On my (very) occasional visit to the Small Claims Court to present evidence against erring retailers I've always found that the "little man" gets a very fair hearing.
I've won both cases through the simple philosophy of presenting the facts exactly as they were and providing documented evidence.
In one particular case, for the return of a quite minor sum, the defendents engaged a firm of Central London solicitors who kept informing me that I would almost certainly have to meet costs of £2,000 upwards and kept adding witnesses (plus their costs) to further try and frighten me off.
Needless to say the court judge gave this very short shift and made his views clear on what he thought of such tactics.
I would suspect that whoever hears the case will be very sympathetic in view of the circumstances.
Do you have any evidence that the SORN was sent at the time you state?
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
|
The idea of SORN is that it forms a continous record on Excise duty for a vehicle. It covers the period after expiry and between issue of an Excise Licence. As I understand it after a month from expiry of a Licence DVLA do a computor cull to weed out those that are not shown as Licensed or SORN and send out an 80 pound fine.
As DVLA, by law, require that SORN be notified, then can it be said that the owner of the vehicle is serving them with a document notifying them of this fact.
If so and a point you may wish to argue is that under Section 7 The Intrepretation Act 1978 where an Act requires a document to be served or given, or sent, or any other expression is used, then unless the contrary intention appears, the service is deemed to be effected by properly addressiong, pre-paying and posting a letter containing the document and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary courtse of the post.
If evidence is given that SORN was posted in time them IMHO the law has been complied with irrespective of the fact that DVLA claim they did not recieve.
PU?
dvd
|
Whoops
Forgot to draw attention to the fact that SORN has to be declared annually.
dvd
|
|
As DVD points out, from his position of legal knowledge and expertise, SORN can be presumed to be declared if sent by a properly stamped and addressed letter. After all, the same rule allows the authorities to claim that a NIP has been sent AND received, using the same rules. It should work both ways!
|
See this thread:
www.honestjohn.co.uk/forum/post/index.htm?f=2&t=34...8
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
|
|
|
|
>>As I understand it after a month from expiry of a Licence DVLA do a computor cull to weed out those that are not shown as Licensed or SORN and send out an 80 pound fine.>>
Then, according to this statement, the DVLA sent out the supplement notice more than two months after the licence expired.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
|
A few months ago I would have advised to always get your SORN done at a post office as you get a printed receipt as evidence.
Now I think it can be done on't interweb and I guess a printscreen would help as evidence.
Martin
|
|
|
|
|
![2021 Land Rover Discovery Sport 2.0 D200 R-Dynamic S Plus 5dr Auto [5 Seat]](http://images.honestjohn.co.uk/imagecache/url/crop/90x60/https/assets.heycar.co.uk/t_default-export/f_auto/application_assets/vehicles/pictures/28881f4353e13eadf5cae546be7d5adf/0dcc528930de601065a6757d23dde7df.jpg)
