DVLA lost my SORN....urgent help needed!!

[veilside01702]

My car that has been on axle stands for 3 years has always been sorn whilst off the road. In December 2006 I sent SORN document to DVLA with another V5 document. They managed to lose it!
I have provided them with proof that the letter was delivered, recorded delivery slip. They are claiming that it wasn't in the envelope!
They say they sent a V11 reminder, but I never received it!
They also didn't do change of address, so they keep sending letters to my parents address......apparently they never received this either!
They have also sent 3 letters detailing what to do and none of these got to me either!
They insist I pay a £40 PENALTY CHARGE.....
Can I ask them to prove what this charge is for as we do in our Bank Charge claims?
I thought a Penalty charge was for a breach of contract??
As I am furious that they are trying to charge me without any contract!
Can anyone enlighten me as to how they can issue Penalty charges for their mistakes??
The day I found out they had lost the form I did the SORN on the internet.....shame I didn't know you could do this until they told me....in April 2007....
I am so mad....I always TAX or SORN my cars.......
Help and advice please.....
Russ

[iancognito]

The penalty charge in this case is a good old fashioned fine I think, suppose they think the word penalty makes you feel more guilty for your crime.

I have always found the DVLA to be surprisingly reasonable when I've had a problem but I assume you've spoken to them about this and got nowhere?

Now you have a choice:

Pay the 'penalty'

or

Don't pay it and go to court and hope the proof of posting is enough to convince the magistrate (think this is the one I would go for, especially as the car has been sorn'ed in the past)

But don't take my advice without asking others first! I'd hate to land you with a bigger 'penalty'

[veilside01702]

Thanks ian.....
I spoke to someone on the phone who agreed they only needed proof of posting....
So I copied and sent recorded delivery slip......and copy of signature from royal mails website....
I then got a letter asking for proof it was in the envelope??
What they expected me to do.....video it being placed in the envelope???
lol........
I am writing a letter asking them if they have proof they sent reminder and letters to me.....lol
I am trying to give them a get out of it route, without looking like they are backing down.....lol
So trying to be nice and polite.......don't want to upset them......could work against me....lol
Thanks again....

[hels bells]

Hi

What might be useful to know is if you send something recored delivery then it can be tracked on the royal mails website, the theory being if it has been signed for their site should tell you, this way you would know it it had indeed arrived, however the downside is the receiving can refuse to sign for it, thus returning either back to the sender or in mail heaven with all the other thousands of mis-placed letters. Registered post at three times the cost seems to be the new way of thinking for safety at least.

HTH

Hels

[Wrighty]

viel send off a SAR asap & see what comes back. You may be surprised as the left-hand frequently doesn't know what the right-hand is doing at the DVLA.

"Prove it was in the envelope". What idiots! How do you prove something was there when they are claiming it wasn't.

Just a point you might like to also consider reporting them to the ICO for losing what must be your highly personal data.

Also check your credit file as you may have already suffered ID theft.

Realize it's closing the stable door but it's best to apply for your SORN on line. That way you have a receipt

[Mad Hatter]

I had this problem but couldn't prove i posted it.. so i had to pay up..

But your case is different. You have proof, and a signature. Fight it all the way and let it go to court. A judge, if it gets that far which i doubt, will laugh them out of the door.

MAD

[veilside01702]

cheers hells bells and wrighty.....
I tracked the delivery, have signature and even have proof of delivery from DVLA....but their log only shows V5 document arriving....
I like the idea of 'SAR'S' request and reporting them for losing the document to the ICO as you are right it could cause me ID theft if someoen gets hold of the information...

Thanks Mad....One thing I am actually willing to do now.....go to court.....lol

[Lee2011]

Re: DVLA lost my SORN....urgent help needed!!

Hi there

I'm in a similar position to you only I didn't have proof of postage, but did chase them up by email about 4 weeks later.

Just wondering how you got on? Lee