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Car Tax

Elderly Parkinson’s Patient Prosecuted Over £3.34 Car Tax Debt

An 86-year-old pensioner living near Newcastle has been convicted through a fast-track court process for an unpaid car tax amounting to just £3.34. The octogenarian, who suffers from Parkinson’s disease, explained to the court his challenging personal circumstances, including that his wife, who is also 86, has Alzheimer’s disease.

The unpaid tax relates to the annual £20 renewal for his silver Ford Fiesta, which went unpaid in January while their daughter, who manages their finances, was relocating. The Driver and Vehicle Licensing Agency (DVLA) initiated a criminal prosecution covering the six-week period from February to mid-March when the vehicle was untaxed.

In a written statement submitted to the court, the pensioner highlighted that he had already paid an £80 financial penalty believed to relate to the same issue, leaving him uncertain about the reasons for facing criminal prosecution.

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He was convicted at Lincoln Magistrates’ Court last Thursday and ordered to pay £3.34 in compensation to the DVLA.

This case was handled via the Single Justice Procedure (SJP), a contentious fast-track legal process wherein magistrates consider less serious criminal matters individually and behind closed doors.

The use of the SJP has faced criticism, especially concerning elderly and vulnerable individuals being prosecuted for unpaid bills, prompting the Government to review the system over the past 17 months.

The DVLA began proceedings against the pensioner by sending a letter without knowledge of his medical and personal circumstances. The pensioner pled guilty in writing to the charge of using a vehicle without a valid licence.

Further details in his mitigation highlighted his and his wife’s health conditions, noting that their daughter holds lasting power of attorney for financial and welfare decisions. He explained the oversight in tax payment was unintentional, likely caused by mail going to a previous address during his daughter’s house move.

He also stated that the vehicle was being sold as he was no longer capable of driving.

The letter concluded with his confusion over the SJP notice and a request for his daughter to be contacted to confirm the matter was settled.

Magistrate Lynda Briggs accepted the guilty plea and discharged the pensioner without further penalty aside from the £3.34 compensation order.

Due to the nature of the SJP system, prosecutors such as the DVLA may not routinely review mitigation statements, potentially overlooking significant information that could influence whether prosecution serves the public interest.

Magistrates have the discretion to adjourn proceedings for an open court hearing with legal representation or refer the case back to the DVLA for additional consideration in light of the defendant’s circumstances.

The Labour Government proposed reforms last year, including mandatory post-mitigation reviews of prosecutions within the SJP. The DVLA expressed support for such changes, but no official updates have been announced since the consultation closed in May.

On the same day in Lincoln, the magistrate also convicted 60 other defendants in DVLA cases, collectively imposing fines, costs, fees, and compensation nearing £25,000.

Court records indicate that around 1,950 individuals across England and Wales were prosecuted last week via SJP for using or keeping vehicles with unpaid tax.

A DVLA spokesperson commented: “A guilty plea with mitigation made through the Single Justice Procedure can be referred back to the DVLA, and whether or not to do so is a decision taken by the magistrate. In this case, the guilty plea was not referred back to us.”