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Luky
I received an SJPN from DVLA to say that I have been charged with an offence under S144A(1) of the RTA 1998 (1988?).

Background – In Sep 20, I travelled out of the UK for work. Before I left, I attempted to SORN my car online but was unsuccessful, after several unsuccessful attempts, I sent out a paper V890. During my absence, I made attempts to confirm the status of the V890 without success as it was quite difficult to get DVLA on the phone, the nature of my work did not permit long stays on the telephone. I did finally manage to speak to them on 25 Jan 21 and they confirmed that they did not receive the V890 and would only make the SORN effective from that date.

On 15 Mar 21 (2 weeks before I returned to the UK), a ‘failure to insure letter’ with a £100 penalty was delivered to my UK address. According to the notice, the offence was allegedly committed on 20 Jan 21. I called DVLA on 1 Apr 21 to appeal and they said I should put it in writing and send it to them which I did (I have proof of postage). I was therefore surprised to receive an SPJN today without first been notified about the outcome of my appeal.

What are my options, please?
notmeatloaf
It would be good to clarify *exactly* what you have received.

However, it sounds like you are dealing with two similar but separate issues.

The Single justice procedure notice is for not declaring SORN. This is the most important as it means court proceedings have commenced.

The insurance letter is probably one sent via a separate system run by askMID if it is one like this.

http://stayinsured.askmid.com/documents/ial.pdf

The key issue here is what proof do you have that you sent the V890? Post office certificate, someone who saw you post it, or nothing?

By law if you properly address and post a letter it is assumed to be served. However, this is a rebuttable presumption. The DVLA will say they have a system for receiving and logging letters. However, they also admit they lose letters.

Do not listen to the DVLA saying you need to confirm they have received it if you do not receive a letter, this has no legal basis.

Essentially, you haven't committed either offence, but you will need to convince a court you did post the letter after pleading not guilty. The more evidence you have to support your claim, and the better you present yourself in court the more likely you can defend it.

With the insurance letter, write or email back to say that you are currently dealing with a S144(A) case and ask that any further action be put on hold pending the outcome of that case, as if you are found to have SORNed the car, no insurance offence has been committed.
Luky
QUOTE (notmeatloaf @ Sat, 17 Apr 2021 - 23:19) *
It would be good to clarify *exactly* what you have received.

However, it sounds like you are dealing with two similar but separate issues.

The Single justice procedure notice is for not declaring SORN. This is the most important as it means court proceedings have commenced.

The insurance letter is probably one sent via a separate system run by askMID if it is one like this.

http://stayinsured.askmid.com/documents/ial.pdf

The key issue here is what proof do you have that you sent the V890? Post office certificate, someone who saw you post it, or nothing?

By law if you properly address and post a letter it is assumed to be served. However, this is a rebuttable presumption. The DVLA will say they have a system for receiving and logging letters. However, they also admit they lose letters.

Do not listen to the DVLA saying you need to confirm they have received it if you do not receive a letter, this has no legal basis.

Essentially, you haven't committed either offence, but you will need to convince a court you did post the letter after pleading not guilty. The more evidence you have to support your claim, and the better you present yourself in court the more likely you can defend it.

With the insurance letter, write or email back to say that you are currently dealing with a S144(A) case and ask that any further action be put on hold pending the outcome of that case, as if you are found to have SORNed the car, no insurance offence has been committed.



Thank you for your advice.

The first letter that I received had 'final notice - failure to insure' as its title. The letter gave me an option to appeal and after confirming with DVLA on the telephone, I sent the appeal letter to them explaining that I had sent a V890. I have proof of postage for the appeal letter. I was waiting to hear the outcome of the appeal and then the SJPN process arrived.

Do you think it would be a good idea to ring DVLA to discuss?
TMC Towcester
No point phoning and little chance of a reply, let alone one worth calling for.

As this approaches the Court stage - everything should be in writing.

You may have proof that you sent the appeal but that will beg the question why haven't you for the original paper SORN? After all, anyone can claim they sent something............

Luky
QUOTE (TMC Towcester @ Sun, 18 Apr 2021 - 10:28) *
No point phoning and little chance of a reply, let alone one worth calling for.

As this approaches the Court stage - everything should be in writing.

You may have proof that you sent the appeal but that will beg the question why haven't you for the original paper SORN? After all, anyone can claim they sent something............


Agreed, maybe I was naive - I added a stamp to the SORN paperwork and put it in a letterbox. I have evidence on my phone to show that I did attempt to call severally to chase it up with DVLA. Sadly, there is so much cynicism in society these days. I only kept proof of posting the appeal after what happened with the SORN paperwork.
TMC Towcester
QUOTE (Luky @ Sun, 18 Apr 2021 - 10:47) *
QUOTE (TMC Towcester @ Sun, 18 Apr 2021 - 10:28) *
No point phoning and little chance of a reply, let alone one worth calling for.

As this approaches the Court stage - everything should be in writing.

You may have proof that you sent the appeal but that will beg the question why haven't you for the original paper SORN? After all, anyone can claim they sent something............


Agreed, maybe I was naive - I added a stamp to the SORN paperwork and put it in a letterbox. I have evidence on my phone to show that I did attempt to call severally to chase it up with DVLA. Sadly, there is so much cynicism in society these days. I only kept proof of posting the appeal after what happened with the SORN paperwork.


Not really cynicism - more that everyone could use the same argument for SJPNs and indeed NIP/S.172 notices otherwise!!
Luky
Hi all, I spoke to the DVLA and they were adamant that they didn't receive the appeal. I offered to resend it with the proof of postage for the initial appeal an offer which was declined. The DVLA advised that I should take up the issue with the Royal Mail, and send all the evidence that I have to the court alongside the SJPN paperwork.

To cut the story short, I had to pay the penalty as I wasn't getting anywhere with the DVLA and didn't fancy a day in court for work reasons the implications of which could be far-reaching.

I have learnt my lesson - and I advise anyone sending paperwork to DVLA to ensure that they use a more reliable postal service.



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