Summons to appear at court for unlicensed vehicle

[ohdearme]

Hello

 

My car tax expired Nov 09. I forgot to renew it until I realised in February 2010.

 

I then renewed it online but it was only backdated until 1st of Feb, so I was unlicensed for 2 months.

 

In March I received a notification that I'd been caught in Feb driving by one of those dvla roadside cameras and they requested a I pay £110 (or so).

 

It was a particularly stressful time, and I forgot all about it, until this morning when I received a magistrates court summons.

 

I realise it's my own daft fault and should have renewed the tax on time, and should have paid the fine, but it was a stressful time (divorce/child custody issues/money problems) and I'd be having a good day if I could remember my kids names, let alone my car tax.

 

I'm worried about getting a massive fine which I can't afford, can you advise what I should do? please guilty and provide mitigating circumstances? Would a magistrate be lenient?

 

Thanks

 

ohdearme

[huggys boss]

If you have the cash to hand, you could always speak to the court and see if you could pay it before the date of the hearing, thus avoiding stress for yourself and also freeing up court time.

 

I am not too sure if they will add additional charges on, but if you are not in a position to pay in full, at least if you go to court you can ask to pay your fine by installments.

 

Good Luck

[Feebee_71]

Is the date that you were caught by the roadside camera before or after you applied for the road tax?

 

Feebee_71

Edited July 30, 2010 by Feebee_71
bad speeling!!

[rcl]

is there a letter allowing you to plea by post, or are they asking you to attend ?

 

If you can plea by post, then do. The court can deal with it quicker, the costs will be less.

 

Either way, they will ask that you pay the back tax, order you to pay court costs (i think it is either £50 or £75), and they will fine you according to your income. For no tax between 1 and 3 months, it is what is classed as a band A fine, and you will be fined anywhere between £50 and £170 fine depending on your income.

 

They will automatically issue a collections order, but if you cant pay immediately then tell the court. they have the discretion to allow you to pay at a minimum of £5.00 per week if they want to. However, if you dont pay your fines, a warrant will be issued for your arrest

 

Good luck and I hope it goes ok for you x

[brassnecked]

is there a letter allowing you to plea by post, or are they asking you to attend ?

 

If you can plea by post, then do. The court can deal with it quicker, the costs will be less.

 

Either way, they will ask that you pay the back tax, order you to pay court costs (i think it is either £50 or £75), and they will fine you according to your income. For no tax between 1 and 3 months, it is what is classed as a band A fine, and you will be fined anywhere between £50 and £170 fine depending on your income.

 

They will automatically issue a collections order, but if you cant pay immediately then tell the court. they have the discretion to allow you to pay at a minimum of £5.00 per week if they want to. However, if you dont pay your fines, a warrant will be issued for your arrest

 

Good luck and I hope it goes ok for you x

 

Don't forget to add the £15 "Victims Surcharge" to help fund the Criminal Injuries compensation scheme.

[madsam]

If you pay it, you're admitting guilt as the crooks at the DVLA see it and they'll latch onto you like vulchers. If this fine is for an unlicensed vehicle on the public highway, after you've "admitted" that by paying, there'll be another fine shortly after and another fine a couple of months later for failure to relicense and as much as they can possibly take you for on this and everything possibly associated with it they you may have done. Be a man and defend yourself in court, in truth even if a judge does rule to fine you it will no doubt be for less than the DVLA will try and leach off you so you have nothing to lose. Be optimistic with the judge rulings that the DVLA have been acting unlawfully.

[rcl]

If you pay it, you're admitting guilt as the crooks at the DVLA see it and they'll latch onto you like vulchers. If this fine is for an unlicensed vehicle on the public highway, after you've "admitted" that by paying, there'll be another fine shortly after and another fine a couple of months later for failure to relicense and as much as they can possibly take you for on this and everything possibly associated with it they you may have done. Be a man and defend yourself in court, in truth even if a judge does rule to fine you it will no doubt be for less than the DVLA will try and leach off you so you have nothing to lose. Be optimistic with the judge rulings that the DVLA have been acting unlawfully.

 

 

Your talking twaddle.

 

Firstly if you plead at the earliest opportunity, the court costs are always less than if you do it later or not at all

 

secondly, there is only one offence on record, and the OP has now got their tax

 

Thirdly, there is no judge, this would be magistrates court

[madsam]

Your talking twaddle.

 

Firstly if you plead at the earliest opportunity, the court costs are always less than if you do it later or not at all

 

secondly, there is only one offence on record, and the OP has now got their tax

 

Thirdly, there is no judge, this would be magistrates court

 

Try to know what you're talking about. The DVLA pull this time and time again and there's stories of it everywhere. It's another one of their scams you receive the first fine for being seen unlicensed on the public highway and think "Oh, only £110..." and pay it. That in their eyes admits guilt so another fine comes along, either for failure to relicense/breaking Sorn/surety whatever and this fine is 3 or more times the last one. Then a couple of months later the next fine turns up and this is for your offence under the many acts they love to quite to and time again, and this one ranges anywhere between £500-£5000.

[Raykay]

Try to know what you're talking about. The DVLA pull this time and time again and there's stories of it everywhere. It's another one of their scams you receive the first fine for being seen unlicensed on the public highway and think "Oh, only £110..." and pay it. That in their eyes admits guilt so another fine comes along, either for failure to relicense/breaking Sorn/surety whatever and this fine is 3 or more times the last one. Then a couple of months later the next fine turns up and this is for your offence under the many acts they love to quite to and time again, and this one ranges anywhere between £500-£5000.

 

It's not a [problem], it's all in the Vehicles Excise & Registration Act 1994.

What the OP is facing if he pleads guilty is:

Keeping or using an unlicensed vehicle on a public road - s.29. (variable fine at court - 1/3 discount for early guilty plea)

An additional liability for the unpaid duty - s.30. (2 months - Dec + Jan)

A Late Licensing Penalty - s.32 (usually £80, reduced to £40 for prompt payment)

[crem]

It's not a [problem], it's all in the Vehicles Excise & Registration Act 1994.

 

Just because it is in an Act doesn't mean it's not a [problem]. it just happens to be a legalised one!

[madsam]

Exactly my point, thank you. That is the [problem].

['the dude']

If you pay it, you're admitting guilt as the crooks at the DVLA see it and they'll latch onto you like vulchers. If this fine is for an unlicensed vehicle on the public highway, after you've "admitted" that by paying, there'll be another fine shortly after and another fine a couple of months later for failure to relicense and as much as they can possibly take you for on this and everything possibly associated with it they you may have done. Be a man and defend yourself in court, in truth even if a judge does rule to fine you it will no doubt be for less than the DVLA will try and leach off you so you have nothing to lose. Be optimistic with the judge rulings that the DVLA have been acting unlawfully.

 

Absolute rubbish. You clearly do not know what you are talking about in this specific case.

 

The DVLA will have the evidence that the vehicle was on the public highway ie the roadside camera. I would recommend paying the fine before the court date if you are in a financial position to do so. If not you will be able to make an arrangement with the courts to pay the fine in installments.

 

To defend yourself in court you need a defence. If the vehicle was on the public road untaxed that is an offence. Admitting guilt to this oversight and taxing your vehicle after the date in question will not then make you fair game for a a sackfull of other fines!!

[DVLA R CROOKS]

Here's my quick story: Purchased car this year (lets say on the Saturday) had no log book, mot or car tax. Sent off for the log book ON the Saturday paying £25 fee to DVLA (for a bit of paper).

Insured the car ON the Saturday, Mot the car ON the Monday (pass).

Tuesday went to post office to tax car with relevant paper work, EEEEEEERRRRRRR no can do.

Went on DVLA internet site same night EEEEEEEERRRRRR try again.

Went to DVLA office on the Wednesday only to be told you cant tax YOUR car without the log book... but wait for it......... it will take 6 WEEKS!!!!!

So in the mean time had a car ready to go that i couldn't drive, MESSED UP!

 

6 weeks later gets the log book to tax car, taxed the car for 6 months at £134 losing out on the rest of the month as it was at the end of the month that i taxed.

 

8 weeks later or so gets a letter from DVLA for UNLICENSED car TAX (are you taking the P**S or what!)

 

Letters are exchanged back and forth for 2 weeks or so, now im just waiting for them to summons me to court to which they can kiss my ASS as i wont be pleading guilty to NOTHING!!!

 

You can fine me as much as you want i will go to the papers that i can promised. I am sick to death of F-ING crooked legalized legislation that gives the right to the DVLA take money off harding working TAX paying people!!!

 

Keep posted i will be in touch people!!!

[Raykay]

You should have been given the green new keeper supplement (part of the old keeper's V5C) when you bought the car, and used that to licence the car.

[crem]

Here's my quick story: Purchased car this year (lets say on the Saturday) had no log book, mot or car tax.

 

You should have been given the green new keeper supplement (part of the old keeper's V5C) when you bought the car, and used that to licence the car.

 

Raykay, it would seem there was no V5C (logbook) available/supplied at the time of the purchase.

[DVLA R CROOKS]

Correct CREM there was no Log book/green supplement supplied for me to TAX the car.

 

I have a recent letter from DVLA stating they are going to take me to court. No doubt that i will have a bigger fine than the £92.00 which is imposed at the moment, because thats how the courts operate they will protect the DVLA as it forms part of the government.