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Single Justice Procedure Notice - NO TAX
raymond way
post Sun, 14 Jul 2019 - 14:46
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Hello Everyone,

This is the first time posting on this forum so I apologise in advance if I'm in the wrong forum section.

Basically I'm really seeking some advice on a Single Justice Procedure Notice I have just received for no tax.

To give a little back ground back in March I was clamped for having no tax by dvla. I then paid to have the clamp removed and a surety payment and taxed the vehicle for a year.

So I believed the matter was closed with a DVLA receipt provided including the Enforcement Notice Number etc.

However I have just received through the post a single justice procedure notice for having no tax during the above period and I must plead guilty or not guilty within 21 days which is making me very uneasy as this will be as much as 1000 and even worst to notify my insurance company etc.

In the letter I just received they also stated they sent a inital notice in April under section 46 of the vehicle excise and registration act 1994 for an out of court settlement. However I definitely did not recieve this letter and so was fully unaware their was an issue as I would of paid as I am guilty of having no tax.

So the problem I'm having is I am guilty for not having my car not taxed so would pay the consequences. But I didn't receive the initial notice which I would of paid. But now if I plead guilty (which I am) the fine could be up to £1000 plus I will have to tell my car insurance etc which will likely put my premiums up.

So I really don't know what to do about this letter and this situation. As I will pay what I am owed but I really don't want this on my record as I honestly was unaware their was such a problem.

Any advice would be greatly appreciated.

Kindest Regards
Raymond
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post Sun, 14 Jul 2019 - 14:46
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BaggieBoy
post Sun, 14 Jul 2019 - 15:33
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Does your V5C document have the correct address? Might explain the lack of communication.

It's a non-endorsable offence, i.e. no points and no code put on your driving record, so I don't think this has to be declared.

The maximum fine (if the vehicle was untaxed for 7 months or more) is 175% of your relevant weekly wage or 5 times the annual duty, whichever is highest.

This post has been edited by BaggieBoy: Sun, 14 Jul 2019 - 15:42
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666
post Sun, 14 Jul 2019 - 15:45
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QUOTE (BaggieBoy @ Sun, 14 Jul 2019 - 15:33) *
Does your V5C document have the correct address? Might explain the lack of communication.

It's a non-endorsable offence, i.e. no points and no code put on your driving record, so I don't think this has to be declared.


My first thought was also that it might not need to be declared: it's a tax offence rather than motoring.

HOWEVER, eSure actually say "Tell us immedately .... You or any driver covered under the policy are charged with, or convicted of, any offence including fraud, arson and dishonesty, that’s unspent under the Rehabilitation of Offenders Act. We also need to be told of any prosecutions that are pending." which seems to cover any offence at all.

The OP needs to read his own policy carefully, also any questions asked when he shops around.

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raymond way
post Sun, 14 Jul 2019 - 15:57
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QUOTE (BaggieBoy @ Sun, 14 Jul 2019 - 16:33) *
Does your V5C document have the correct address? Might explain the lack of communication.

It's a non-endorsable offence, i.e. no points and no code put on your driving record, so I don't think this has to be declared.

The maximum fine (if the vehicle was untaxed for 7 months or more) is 175% of your relevant weekly wage or 5 times the annual duty, whichever is highest.


Hi Baggieboy

Thanks for your reply really appreciate.

Im encouraged to hear it could be a non endorsable offence where I just pay the fine and thats it, as whats really worrying me is this goes on records and have to declare it for everything. As the letter I received was pretty intense!

Its just quite a scary letter to receive when your completely unexpecting anything. Especially when your actually guilty of the offence their saying!

The V5C is in the correct registered address, but I do live in a London home that is split into 3 flats im 10a and then you have 10b and c, so their is occasionally problems with post. I will ask my neighbours if they received anything but as this would of been received in April I doubt they would remeber and they would of given me the post (at least I hope they would off)

The vehicle was untaxed for less than a month due to D/D problem.

Do you think it would worth calling DVLA and explain that I didn't receive initial letter but will pay their fine in the hope to not going through all this scary court procedure?

Kind Regards
Raymond
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BaggieBoy
post Sun, 14 Jul 2019 - 16:08
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QUOTE (raymond way @ Sun, 14 Jul 2019 - 16:57) *
The vehicle was untaxed for less than a month due to D/D problem.

In which case the maximum fine will be 75% of your relevant weekly wage or 5 times the VED (plus any unpaid VED but this may not be the case here).

There isn't a scary court procedure to go through, if you plead guilty to the SJPN then it will all be handled via an administrative procedure and you will simply be requested by post to pay the fine.

QUOTE (raymond way @ Sun, 14 Jul 2019 - 16:57) *
Im encouraged to hear it could be a non endorsable offence

There is no "could", it is 100% a non-endorsable offence.
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