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Fixed Penalty For Failure To Insure But It Was SORN!!

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jrolph94
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PostPosted: 10:36 - 25 Feb 2012    Post subject: Fixed Penalty For Failure To Insure But It Was SORN!! Reply with quote

Today I got a fixed penalty notice for failure to insure, however I had declared the bike SORN 4 days before they claim it was un-insured, and it hasn't been used since last August. I can contest it, however, the only evidence they accept is the conformation of SORN letter from the DVLA, which still hasn't arrived, however I have received the cheque with my Tax refund, dated 5 days after the date they are stating I was uninsured. Where do I stand, what can I do, apart from get angry over the phone, or wait until the take me to court.
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ninja_butler
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PostPosted: 10:51 - 25 Feb 2012    Post subject: Reply with quote

Contact the DVLA, your SORN should be on their system. Ask them if they have sent the confirmation letter to you.
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anthony_r6
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PostPosted: 10:54 - 25 Feb 2012    Post subject: Reply with quote

You didn't sorn it online? You get confirmation there and then that it would be SORN'd. Contest it, and ask the DVLA to check their system.
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jrolph94
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PostPosted: 11:00 - 25 Feb 2012    Post subject: Reply with quote

AnPhonEh wrote:
You didn't sorn it online? You get confirmation there and then that it would be SORN'd. Contest it, and ask the DVLA to check their system.


Yeah, I did it online. The only thing they want to accept is a conformation letter sent by post from the DVLA. I also have to digital copy of the filled in SORN form (the one you save from the site then sign and post) with the date it was downloaded.
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ninja_butler
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PostPosted: 11:15 - 25 Feb 2012    Post subject: Reply with quote

Did you get an email confirmation when you SORN'd online? All the details should be there. I don't understand why they want a paper document sent from the DVLA though, what the f**k is the point of that? Surely they only have to click a button to see your details on the DVLA system?

Still, if you have proof of SORN you're safe.
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supZ
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PostPosted: 12:01 - 25 Feb 2012    Post subject: Reply with quote

jrolph94 wrote:
AnPhonEh wrote:
You didn't sorn it online? You get confirmation there and then that it would be SORN'd. Contest it, and ask the DVLA to check their system.


Yeah, I did it online. The only thing they want to accept is a conformation letter sent by post from the DVLA. I also have to digital copy of the filled in SORN form (the one you save from the site then sign and post) with the date it was downloaded.


i think you've misunderstood the phrase 'did it online'

sounds like you just downloaded a form, filled it in and sent it off. thats NOT doing it online.

doing online is going to this site www.taxdisc.direct.gov.uk clicking 'declare sorn' and going through the screens.

if you did that you should have an email confirmation (as i literally just got myself doing the tax on the car)

but on topic, if you really did declare it sorn before the deadline and they're moaning then either they didnt receive it or they did and they've screwed up and not put it in the system. most cases, especially if you have some proof that you did do it then fight it, go to court and let the courts declare the dvla process another waste of their time.

that said, all a downloaded form proves is you downloaded it. doesnt prove you sent it, however, in similar cases they tend to side with the driver.
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J.M.
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PostPosted: 13:02 - 25 Feb 2012    Post subject: Reply with quote

If things end up going to court, this thread may help you:
https://www.bikechatforums.com/viewtopic.php?t=195188&highlight=

Slightly different thing but the same defence should apply being as you sent the notification via post?
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Taught2BCauti...
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PostPosted: 15:41 - 25 Feb 2012    Post subject: Reply with quote

jrolph94 wrote:
Yeah, I did it online. The only thing they want to accept is a conformation letter sent by post from the DVLA. I also have to digital copy of the filled in SORN form (the one you save from the site then sign and post) with the date it was downloaded.


If you did it correctly on-line, you should have a reference number on the email - but emails can be forged, so aren't always admissible as evidence in Court (depends on circumstances).

By the time you receive the email, the system will have been updated.

You will get a follow-up letter in the post, but it could take up to a month, so I would send back the FP with a copy of the email, and let them sort it out.
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anthony_r6
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PostPosted: 15:46 - 25 Feb 2012    Post subject: Reply with quote

Taught2BCautious wrote:
jrolph94 wrote:
Yeah, I did it online. The only thing they want to accept is a conformation letter sent by post from the DVLA. I also have to digital copy of the filled in SORN form (the one you save from the site then sign and post) with the date it was downloaded.


If you did it correctly on-line, you should have a reference number on the email - but emails can be forged, so aren't always admissible as evidence in Court (depends on circumstances).

By the time you receive the email, the system will have been updated.

You will get a follow-up letter in the post, but it could take up to a month, so I would send back the FP with a copy of the email, and let them sort it out.


Sounds like he printer it off, filled it in, then scanned it to his computer, not that he's actually applied for SORN online.
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Llama-Farmer
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PostPosted: 16:07 - 25 Feb 2012    Post subject: Reply with quote

Why did you get a FPN for a failure to insure if its SORN? Unless you were driving it or it was parked on a public road?
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fozzym
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PostPosted: 16:21 - 25 Feb 2012    Post subject: Reply with quote

Am I missing something here guys, one of my bikes is taxed and mot'd but at the mo I'm not riding it so have not insured it since buying it... is that ok??
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Taught2BCauti...
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PostPosted: 16:24 - 25 Feb 2012    Post subject: Reply with quote

Ben-B wrote:
Why did you get a FPN for a failure to insure if its SORN? Unless you were driving it or it was parked on a public road?

I think they're just going off the databases now - there's been a lot of press and TV coverage.

If you have a vehicle that is not SORN with DVLA, and the MIB shows no insurance, you get a Fixed Penalty through the post.

£100 + 6 points rings a bell, so worth making sure it's done properly on line and not through the post - DVLA lose a lot of post!
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P.
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PostPosted: 16:34 - 25 Feb 2012    Post subject: Reply with quote

Taught2BCautious wrote:
£100 + 6 points rings a bell, so worth making sure it's done properly on line and not through the post - DVLA lose a lot of post!


Fuck off will you get 6 points Laughing
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fozzym
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PostPosted: 17:13 - 25 Feb 2012    Post subject: Reply with quote

Yes I was missing something....Have just had to SORN the dam bike even though its taxed till end of april. Will have to cash the disc in now and get all of 20p back no doubt!

Stupid bloody rule.
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Rogerborg
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PostPosted: 18:21 - 25 Feb 2012    Post subject: Reply with quote

Forget it, they're just a bunch of clowns. If you have evidence that they've refunded your outstanding VED you'll destroy them in court.

I'm sitting on two demands for bribes at the moment, I've just ignored them and haven't heard anything more after the "now you must bribe us £100 per offence" letters months ago.

It could still end up going to court, but worst case I can just bribe the prosecutor at the door. If I fancy fighting it, I can show a letter demanding that I either re-tax or SORN a vehicle, over a month after having received the acknowledgement that I'd SORNed it. Utter incompetents.


J.M. wrote:
If things end up going to court, this thread may help you:
https://www.bikechatforums.com/viewtopic.php?t=195188&highlight=

Slightly different thing but the same defence should apply being as you sent the notification via post?


A complication is that the defence tries to do an end run around the Interpretations Act with this spiteful little clause:

RTA 1988 144B wrote:
A person accused of an offence under section 144A of this Act is not entitled to the benefit of an exception conferred by or under this section unless evidence is adduced that is sufficient to raise an issue with respect to that exception; but where evidence is so adduced it is for the prosecution to prove beyond reasonable doubt that the exception does not apply.


However, the DVLA issuing a VED refund is plenty of evidence, so just ignore it and get on with your life.
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jrolph94
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PostPosted: 23:13 - 25 Feb 2012    Post subject: Reply with quote

What I had done was, filled in an online form with all my information, this then created a PDF, which I had to print off, sign and attach my tax disc. The PDF that is created has all the other details all ready on it, name, bike reg etc.
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Hyaon
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PostPosted: 09:57 - 26 Feb 2012    Post subject: Reply with quote

whats the point in that, why not just use the ACTUAL online system? it even can send to your email address an electronic document saying you'd done it...post is the lose.
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AlexW
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PostPosted: 11:38 - 26 Feb 2012    Post subject: Reply with quote

Some people are missing the point. He didn't print off a SORN he printed off a tax refund form. One that you attach the disc too. Just SORN'ing it online wouldn't get him a tax disc refund.

The SORN is on that form, Its a little box you have to tick, Are you sure you ticked it? Just because you cashed the tax don't mean its SORN. You wouldn't expect the DVLA to make it that easy!
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Rogerborg
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PostPosted: 13:53 - 26 Feb 2012    Post subject: Reply with quote

Ruh roh. Better check its SORN status online then.
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jrolph94
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PostPosted: 21:13 - 27 Feb 2012    Post subject: Reply with quote

Just to let you all know, I managed to get the Fixed Penalty Cancelled, so I have to pay nothing. Basically after getting past around every call centre in western europe, and several in wales, i got through to the right person. Don't ask me which department it was, i lost track, was somewhere in the depths of the DVLA. Basically they had registered my SORN on the 16th, my Fine was issued on the 17th, it took the system until the 20th to process my SORN fully. Took me saying my lawyer was involved and i was willing to go to court to get them to cancelled it though. Thanks for the advice etc.
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Rogerborg
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PostPosted: 08:48 - 28 Feb 2012    Post subject: Reply with quote

Good result, but you were never "fined" (what you received was an offer to pay them a bribe), and based on my experience (so far) with this new clusterfudge of a law, I honestly think that you wasted your time sorting out their problem for them.
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