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DogSitter
Hi,

I'm hoping that someone can give a bit of advice that I can pass on to a friend who is not very internet savvy.

My friend had an old Honda scooter that was rusting away in his garden for the past 13 years and a mechanic friend of his asked to take it away and do it up (no payment, it wasn't worth anything). Friend had long since lost any registration documents and mechanic friend thought it wouldn't matter and advised the DVLA would contact him if someone were to try to register the bike.

Months later (and unbeknown to friend) mechanic friend gave the bike to a youngster to learn to ride and youngster applied to register the bike.

Last week friend received a "Requisition" saying:

You are required to appear at [time] on 19/12/2013 at [xxx] MAGISTRATES' COURT ...... to answer to the charge that on the 01/04/2013 at [friend's address] following the change of keeper of a mechanically propelled motor vehicle [reg number] you being the registered keeper of the said vehicle, failed to forthwith deliver notification to the Secretary of State, on the registration document or in writing as required by Regulation 22(2)(b) of the Road Vehicles (Registration and Licensing) regulatinos 2002 and section 59(1) of the Vehicle Excise and Registration Act 1994.


Attached Statement of Witness says

The Secretary of State for Transport has received information from a new keeper that they acquired vehicle registration mark [registration no] on 01/04/2013.

The record shows that the defendant [friend's name and address] has failed on a change of keeper to notify the Secretary of State, forthwith, as required by Regulations 22 to 24 of the Road Vehicles (Registration and Licensing) Regulatinos 2002.

On 17/06/2013 a notice was sent to the defendant requesting information under S46 of the Vehicle Excise and Registration Act 1994 and offering the opportunity to pay an out of court settlement.

A written reply has not been received nor has the notice been returned undelivered by the postal authorities.


My friend did not receive a letter or notice from the DVLA, this charge has appeared out of the blue.

Do you think he should plead guilty anyway? The penalty is very high for someone who gave away a rusty old scooter (up to £1,000 plus a minimum of £90 towards legal costs). What amount of penalty would usually be demanded in these situations?

Would you advise he contacts the DVLA to ask them to re-send the notice they sent in June?

Thanks in advance for any advice and information you can give to help.
andy_foster
QUOTE (DogSitter @ Thu, 21 Nov 2013 - 16:27) *
Do you think he should plead guilty anyway? The penalty is very high for someone who gave away a rusty old scooter (up to £1,000 plus a minimum of £90 towards legal costs). What amount of penalty would usually be demanded in these situations?


If he pleads guilty he ought to be entitled to a 1/3 discount off the fine. I've never heard of a case where the apparent severity of the punishment has successfully being argued as a defence to the charge. I also have trouble understanding quite how an as yet determined penalty can be deemed to be very high.

The Magistrates' Sentencing Guidelines can be easily found by searching from "Magistrates' Sentencing Guidelines".
DogSitter
QUOTE (andy_foster @ Thu, 21 Nov 2013 - 16:46) *
QUOTE (DogSitter @ Thu, 21 Nov 2013 - 16:27) *
Do you think he should plead guilty anyway? The penalty is very high for someone who gave away a rusty old scooter (up to £1,000 plus a minimum of £90 towards legal costs). What amount of penalty would usually be demanded in these situations?


If he pleads guilty he ought to be entitled to a 1/3 discount off the fine. I've never heard of a case where the apparent severity of the punishment has successfully being argued as a defence to the charge. I also have trouble understanding quite how an as yet determined penalty can be deemed to be very high.

The Magistrates' Sentencing Guidelines can be easily found by searching from "Magistrates' Sentencing Guidelines".


Thank you andy_foster, that was very helpful. smile.gif
Logician
The guidelines Andy refers to give a starting point of 50% of net weekly income, 33% comes off for a guilty plea, costs would be about £85 and surcharge 10% of the fine, minimum £20. There is no apparent basis on which he could dispute the offence, and an unsuccessful not guilty plea would result in much higher costs as well as the loss of the 33% discount. It can all be dealt with by post where he can put forward mitigation, which should be brief.
DogSitter
QUOTE (Logician @ Thu, 21 Nov 2013 - 23:37) *
The guidelines Andy refers to give a starting point of 50% of net weekly income, 33% comes off for a guilty plea, costs would be about £85 and surcharge 10% of the fine, minimum £20. There is no apparent basis on which he could dispute the offence, and an unsuccessful not guilty plea would result in much higher costs as well as the loss of the 33% discount. It can all be dealt with by post where he can put forward mitigation, which should be brief.

Thanks for your comments, Logician. My friend decided to try to contact the DVLA to see if they would send him the original letter and to put this (briefly) into a request for mitigation.
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