Anyone any experience of appealing Fixed Penalty Notices from the DVLA?

[occasionalposter]

I know this should be in legal, but there is more traffic here (I will post in legal as well). I hope this makes sense.....

The problem is that I recieved a fixed penalty notice from the DVLA dated Jan 5th for 'failure to insure'. They said my car was not insured but did not have a SORN declared (apparently the law changed last year sometime). They said in order to appeal against the fine I must send in my SORN acknowledgement letter from the DVLA before 6th Feb (otherwise fine doubles).

Now, as it happened I had sent in a SORN declaration before the end of December.

The DVLA acknowledgement letter arrived dated 13th January, but said my SORN was valid from 30/12/11.

I duly sent it off to the DVLA (enforcement branch).

They have now written back telling me I am still liable because the acknowlegement letter is dated after the 5/1/12.

This doesn't seem right to me as although it is after (13/1/12) the letter does say my SORN is from the 30/12/11, which is clearly BEFORE the 5th Jan.

Does anyone else think I am right about not being liable or do I have to pay up?

[nocake]

The fact that they sent you a penalty indicates that the SORN notification didn't reach them in time to be processed before the end of December. They require the confirmation letter a proof that you had sent the notification in on time. What date did you send it in?

I would be tempted to point out the bit on their own website about acklowlegement letters taking up to 4 weeks to arrive. I would also make reference to this case - www.pistonheads.com/gassing/topic.asp?h=0&f=23&t=774506&nmt=DVLA%20lose%20court%20battle%20over%20SORN

[occasionalposter]

Thanks for that - I actually posted it on the 31/12 - which was a bit late, but nevertheless surely if they have acknowledged that SORN started on 30/12 then it must be active on 5/1......
I have googled lots of cases about similar fines (mostly on pistonheads!!!!) it is difficult to know where this is going to go. I don't want to pay £50 but still less do I want to pay £100.

[nocake]

If you only posted it on 31st then you are on dodgy ground as you need to notify the DVLA before the tax expires... but good luck with challenging it.

[sneezecakesmum]

I totally agree with your confusion. If they acknowledge SORN started on 30/12/11 surely its in black and white that its valid!

Write back asap pointing this out in polite terms, especially as you (technically) sent SORN back before the official deadline.

Think they've got nothing better to do than split a few hairs every day!

[BerylStreep]

Not quite the same, but I challenged a parking ticket last year which I was absolutely certain was issued in error. The Roads Service (NI) rejected all my appeals, and I opted to go to court. 2 days before the court date, I was informed that they were offering no evidence, and the ticket was therefore withdrawn. It just goes to show that they will argue the bit out, but when it comes to the crunch, they back off.

[occasionalposter]

Well, I won!!!! I have a letter syaing that in view of the information provided (i.e. highlighting their own letter with red pen and poitning out that it clearly stated that SORN was declared before 5th Jan) NO FURTHER ACTION WILL BE TAKEN.

So it was worth arguing!

Thanks for your help everyone!