DVLA Bailiffs help!

[Face.]

I got a letter from the above, regarding late licensing penalty .I need help what are my options .The bike is on sorn at the moment.

Here is the letter:


https://i290.photobucket.com/albums/ll271/pumasnake1/SAM_0634.jpg


Kind regards Mr shitting Himself.
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GP100(Sold), GS125, CB250RS, GS500E, KTM125SX, XJ600S.

[MaybeGuy]

Ignore it until they send it recorded delivery
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!!
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith

[Face.]

[stinkwheel]

The DVLA clearly think either your bike isn't on SORN or you were late puttng it on SORN. Were you?

You ought to have received at least two letters from the DVLA demanding money for this before getting this one. Did you?

They have now farmed out their £80 supposed "out of court settlement" as a debt to a third party debt recovery company.

I personally ignore them and have ignored at least six of them with no consequences.

They can't do anything until they've taken you to court, this is just their standard Mark 1 threatning letter. You will notice it hasn't even been actually signed by a real person. Their computer churns out hundreds of these at once.

Basically, the DVLA have sold them a list of people they think owe them money and they get to keep a proportion of any of it they recover. They will keep sending them. If they've found your phone number, they may start phoning you at odd times and hassling you.

Let's be absolutely clear, until you receive a letter saying you have been summonsed to appear in court, they can't do anything at all other than hassle you. They can be devious as hell too. I got a letter off them once which on the surface looked so much like a summons to court that I actualy called the court up to check. If it doesn't have a place, date and time you are due to apear, it's not a summons.

Even then. If the case goes to court (unlikely for £80 when it costs them £47 to take it there) and they find against you. If you pay the money, that's an end of it and it doesn't affect your credit history. If you don't pay up after after the court orders you to, it goes on your credit history as a CCJ and they can then start banging on your door.

So. Stop shitting yourself. If your vehicle is on SORN, has been on SORN when it was supposed to be and you can prove it, you can try sorting it out with the DVLA. This will be like banging your head on a brick wall. Absolute worst case, you land up paying the DVLA £80.

There are various other issues, loopholes, incompetancies and outrageous abuses of due legal process by the DVLA surrounding this subject. More details would be good (such as did you actually send off the SORN declaration when you were supposed to and is it showing up as being SORN now).
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[angryjonny]

Is this the first you've heard of it?

If it's a genuine debt you could just pay it. It's what I tend to do when I owe people money and I'm yet to receive a visit from Ramone and Knuckles wanting to rearrange my furniture.

[Face.]

[Rogerborg]

Don't sweat it, it's just a random demand for money. It's blackmail, plain and simple.

Either ignore it, or if you feel compelled to respond to stop them harassing you, tell them that no such debt exists, and that they can sod right off since they are not in possession of any evidence of a contract or any admission of a debt between you and the DVLA (actually Capita Group Plc).
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Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Face.]

If this all pans out good I owe you guys a beer!
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GP100(Sold), GS125, CB250RS, GS500E, KTM125SX, XJ600S.

[stinkwheel]

[Rogerborg]

Did you actually SORN eventually?

I've got two of the new blackmail letters about uninsured + not SORNed bikes (tucked safely away in my garage).

I can't actually see any merit to paying Capita Group Plc money in order to admit to the "offence" (bah).

That's the thing about paying a FPN - it doesn't make the offence just go away, it's an admission of guilt. All you're doing is avoiding having to plead guilty (or fight it) in court with the risk of being (actually) fined a higher amount. You're still a filthy kitten murdering criminal either way.

Since a court levied fine won't go to Capita or the DVLA, I can't see that there's anything in it for them by prosecuting it. I know that people do occasionally get prosecuted, but I'm not even sure if it's by the DVLA, or whether it's regular CPS or Fiscal goons.

Since all the prosecutions that I've read about have been of people who've had contact with the DVLA about the issue, I'm minded to believe that zero contact until and unless a summons is actually received is the way to go. They're the ones making the accusation, the burden of proof is on them.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Kickstart]

Hi

The actual fine for not SORNing a bike is FAR higher than £80. However to get hit for that means them taking you to court and a court finding you guilty. I think there is a time limit for them to do this in (which they might have already exceeded anyway).

The £80 is just a demand for a bribe to not take you to court. I can't see how there is any debt owed as you have not received a fine from the court and you have not agreed to pay their bribe.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[lozzypop1]

[Face.]

thing is both my other two bikes and car(all sorn the same way as the first bike when I received a letter telling to sorn or tax) not a word about them I always sorn when I get my letters about it if I'm not going to tax the bike.
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GP100(Sold), GS125, CB250RS, GS500E, KTM125SX, XJ600S.

[Kickstart]

Hi

Them failing to send the letter isn't a valid reason. They just do this as a courtesy / to lull you into a false sense of security to maximise bribes.

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[DrDonnyBrago]

[Face.]

The letter I got from the bailiffs has a V10 Application for a tax disc and sorn forms just to add.

I have this dated the 21 june 2011:
https://i290.photobucket.com/albums/ll271/pumasnake1/SAM_0637.jpg

I got the DVLA one telling to sorn or tax after this which I have miss placed.Then today I got the Debt/bailiff one dated the 30th of September.

I thought I would be ok as the DVLA one was computer generated.
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I just remembered that I got a letter telling of the DVLA's new powers for untaxed vehicles when it was coming into effect and there was two sorn forms one for the Honda and one for the Suzuki.I sorned both online the acknowledgement letter for the Honda arrived a month later with the sorn starting a month later then the Suzuki's sorn date.
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GP100(Sold), GS125, CB250RS, GS500E, KTM125SX, XJ600S.

[stinkwheel]

[soforene]

[Rogerborg]

[Jim Mc]

If it is a fine for them not having received your SORN application, watch Watchdog from last week or the week before, they talked about this exact thing.

A motorcyclist went to court over this, and the court decided that the vehicle owner was under no legal obligation to provide proof of postage or to check with the DVLA that they had received it.

It was the responsibility of the DVLA to prove he hadn't sent it. Which they couldn't.

Because it was a county court, it holds no legal precedence, so the DVLA continue to issue fines, but write to them, if you have sent it tell them this, don't pay the fine and in future, probably worth doing the SORN online.

[LordShaftesbu...]

If I have forgotten to SORN something, can I still claim to have posted the docs?

[Pete.]

[ruck bodgers]

dont sweat it . i have had a hundred or so letters like this for different things .they go straight into my recycling bin .

[evoboy]

Dont mean to hijack here.

But i have a letter from the dvla demanding £100 off me because my bike doesnt come up on the insurance database.

I Sorned it online back in March but never recieived any paperwork.

Bike has been used as a trackbike since March so hasnt been on the road.

If i pay the fine now, itll cost me £50 instead of £100.....
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Suzuki GT250 x7------- Fazer 600------CB250RS------Aprilia Rally 70----- Bandit 600

APT Motorcycles

[Rogerborg]