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Old 19-08-2010, 11:50   #1 (permalink)
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SORN declaration (how to avoid the Fines)

I recently "locked Horns" with DVLA over a SORN Declaration .. They eventually got fed up with me & passed it on to a "Debt Collection Agency"


I decided I wasn't going to be intimadated by some Pleb in DVLA or some random "Agency" so I sent this ..................

Quote:
16th August 2010

Inter-Credit International Ltd
2nd Floor, South Point House
321 Chase Road
Southgate
LONDON
N14 6JT

Reference XXXXXXXXXXXX XXXXXXXX

Dear Sir/Madam


I write with reference to your recent letter (Copy Attached), you seem to have miss-understood the information I have imparted to yourselves.

I received your letter 18/08/10 and telephoned your office as requested and spoke to one of your colleagues. He advised me to put in writing everything I told him. Please note although I have been advised NOT to disclose my defence should this matter go to court, but as a matter of goodwill on my part have decided to and hopefully this letter will resolve any issues and the court proceeding will cease.

I sorned this vehicle in January 2010, and mailed the relevant document via 1st class post (as I have always done when Sorning a vehicle- with no problems!).. A month later I received another letter stating that I was being fined for failure to Tax/Sorn My vehicle I telephoned regarding this letter and the person I spoke to was extremely unhelpful and didn't listen to what I had to say. Basically he told me to pay the fine or go to court.

I would therefore request that you dispatch to me forthwith any & all evidence that you may have confirming I did not send the relevant Sorn Document to the DVLA.

Should you wish me to send a "Subject Access Request" then I will do so on receipt of your response

Below are some legal points of which I have followed.

Interpretation Act 1978

7 References to service by post

"Where an Act authorises or requires any document to be served by post (whether the expression "serve" or the expression "give" or "send" or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, 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 course of post."


As I previously stated I used 1st class post to "deliver" the SORN document which complies with the regulations above.


The DVLA states that I have no defence because I did not receive confirmation from them. This confirmation letter from the DVLA is not a legal requirement!


As stated in Human Rights Act 1998, Schedule 1, Article 6, section 2

"Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. "



I have no proof of posting the SORN document because I have never done so before. I also believe that I should not have to prove that I posted the SORN document and if this matter does indeed go to court it should be down to the DVLA to prove that I did not.


I look forward to receiving your comments on this matter


Yours Sincerely



XXX XX XXXXXXX

C.c Mr Noel Shanahan, Chief Executive DVLA Swansea
NOTE****

The DVLA Is NOT a "Legal" agency it therefore CANNOT "FINE" you it can ALEDGE that you COULD be Fined (If brought to court) but it CANNOT send you a "Fine" for not Sorning or Taxing your vehicle.

DVLA uses "Bully-Boy" tactics to FORCE Money out of "Decent" motorists ( Typical, more money for the Government Coffers!!!)

If EVER you recieve a letter from DVLA stating you owe a "FINE" send the above & your case will be DROPPED!!! ...If they DID go to court THEY WOULD LOSE due to the above mentioned "Interpretation Act 1978 Section 7


Hope some of you may find this usful...........


Keith
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Old 19-08-2010, 12:22   #2 (permalink)
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wohoo...give it to the man!!

i got well into it when reading that...and when i finished reading the last line i actually said out loud...'ye, you tell em!!'

Very usefull and helpfull bit of info though
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Old 19-08-2010, 12:32   #3 (permalink)
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Damn i could have really used this last year, had to pay an 80 fine for taxing my car 2 days late
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Old 19-08-2010, 13:17   #4 (permalink)
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Good there advice there
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Old 19-08-2010, 15:19   #5 (permalink)
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Ha ha! Love it fella. Really good news.
Nice to see that things can work out for Joe Public.
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