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jrolph94 |
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 jrolph94 Two Stroke Sniffer
Joined: 02 Jun 2011 Karma :    
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 Posted: 10:36 - 25 Feb 2012 Post subject: Fixed Penalty For Failure To Insure But It Was SORN!! |
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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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 ninja_butler World Chat Champion
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anthony_r6 |
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 anthony_r6 World Chat Champion

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jrolph94 |
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 jrolph94 Two Stroke Sniffer
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ninja_butler |
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 ninja_butler World Chat Champion
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supZ |
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 supZ World Chat Champion

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J.M. |
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 J.M. World Chat Champion

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Taught2BCauti... |
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 Taught2BCauti... World Chat Champion

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anthony_r6 |
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 anthony_r6 World Chat Champion

Joined: 31 Mar 2011 Karma :    
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 Posted: 15:46 - 25 Feb 2012 Post subject: |
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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. ____________________ Ted : "Maybe he's agoraphobic."
Dougal : "Jack scared of fighting? I don't think so, Ted." |
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Llama-Farmer |
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 Llama-Farmer World Chat Champion

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fozzym |
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 fozzym Brolly Dolly

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Taught2BCauti... |
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 Taught2BCauti... World Chat Champion

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P. |
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 P. Red Rocket
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fozzym |
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 fozzym Brolly Dolly

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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 18:21 - 25 Feb 2012 Post subject: |
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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.
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. ____________________ 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 |
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jrolph94 |
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 jrolph94 Two Stroke Sniffer
Joined: 02 Jun 2011 Karma :    
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Hyaon |
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 Hyaon Traffic Copper
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AlexW |
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 AlexW Spanner Monkey
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Rogerborg |
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 Rogerborg nimbA

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jrolph94 |
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 jrolph94 Two Stroke Sniffer
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Rogerborg |
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 Rogerborg nimbA

Joined: 26 Oct 2010 Karma :    
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 Posted: 08:48 - 28 Feb 2012 Post subject: |
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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. ____________________ 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 |
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Old Thread Alert!
The last post was made 13 years, 168 days ago. Instead of replying here, would creating a new thread be more useful? |
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