Alex Watts :
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts :
What was the period for the first fine please? What is the period for the second one?
As I already said, the first fine was levied in February 2013 stating I was keeping an uninsured vehicle. This was paid. The second notice was allegedly sent in May 2013 again stating I was keeping an uninsured vehicle. I had already returned the tax disc for refund but DVLA say they have no record of this.
Alex Watts : When was it due to expire please?
The road fund licence was due to run to the end of July 2013. I have a scanned copy of the return form (V14) that I luckily took before I posted it to DVLA. I have also sent a copy of this to them with my not-guilty response.
Alex Watts : Were there two summons or was one fine from the dvla and one from the court?
In February I received a fixed penalty notice from DVLA which I reluctantly paid. The next I received was a summons from Swansea Magistrates Court for the offence. When I queried this with DVLA they said they had sent a second fixed penalty in May - this I never saw. If I had received it, of course, I would have queried it then since I had already returned the offending tax disc for refund. As I understand it, the summons is because I failed to pay the second fixed penalty notice.
Alex Watts : Indeed. You are quite right to plead not guilty. You can not be fined for the same offence twice, this would be an abuse of process. The fact you returned the disc and I assume SORN indicates that you had complied. Indeed the fact you have kept a copy of the tax disc indicates and supports this. You should go to court in the day to plead not guilty, explain the situation to the prosecutor and it may be that the matter coukd
Alex Watts : could be resolved there and then, you have some evidence with you.
Alex Watts : In any event I would expect the matter to be adjourned by the dvla to at lest make enquiries.
Alex Watts : But turn up to enter a plea, I realise this may be some distance but if you do not the court may not adjourn.
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Alex Watts : Does this answer the question?