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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69530
Experience:  Over 5 years in practice
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Two years ago I failed to tax a vehicle and was issued with

Customer Question

two years ago I failed to tax a vehicle and was issued with a warning as I was seen driving it which I did not read and then was issued with a magistrates court summons, which again I did not see- so did not attend and I then received a fine. A notice of distress warrant was issued to a debt collection service and I paid this right away. Would this show up on a vetting process to work in a prison? I know they do criminal conviction check and look at the PNC- would this show up? How is what I have been guilty of- not taxing the vehicle and then not attending court be classed as a criminal offence of a civil offence- will any of this show up on checks the prison would do? the document I am looking at is prison service instruction 43/2010 and can be found online
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What type of check are you having?
Customer: replied 1 year ago.

CRO-criminal conviction check

Customer: replied 1 year ago.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/215521/dh_128595.pdf

this details the process

Customer: replied 1 year ago.
Relist: Other.
waiting for an answer still
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Sorry for the delay.
So, in short, you were summonsed by the DVLA for having no tax?
Customer: replied 1 year ago.

I didint see the summons, as I was moving house a lot then and think it got sent to a previous address. I have in fornt of me the DVLA untaxed vehicle warning saying ti was seen being driven out of tax in JUne 2012 (tax expired end of March). I then moved to a flat and when there in January 2013 got a letter from the enforcement services saying they had a distress warrant for non payment of magistrates fine and were instructed to collect. I paid this then over the phone. I do not know what happened about the court summons

Expert:  Jo C. replied 1 year ago.
When did you first find out about this matter please?
Customer: replied 1 year ago.

I think it was when I got the letter from the enforcement agency in Jan 2013. Although I do recall taxing my car in the summer 2012, having had it clamped and thought that was the end of it. To be honest, at the time I paid it- the debt to the enforcement agency in Jan 2013 and didn't think much more of it as I had so much going on in my life at the time. But now I'm thinking of going for a job in a Category B prison so wnat to knwo if it will show up in the secuirty check and whether it would stop me getting cleared. I'm also curious to know how I can find out if it appears on a criminal record for me

Expert:  Jo C. replied 1 year ago.
That isn't good news I'm afraid.
If you didn't get the summons then you could have asked the court to reopen the matter but if you haven't known about this for two and a half years and not acted then they are not likely to agree. Similarly with statutory declarations. Two and a half years after you discovered the proceedings is not the time to make these declarations I'm afraid.
On your specific point though, a no tax matter alone would not show on your PNC. It is a DVLA matter and not recordable.
Non payment of fines may show on your record though. Sometimes it does and sometimes not. It is possible this would not as the police would not have been involved in this matter at any time.
To find out for sure you have to make a SAR at your local police station for any information they hold upon you. It will cost £10 and take roughly two weeks.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69530
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks for the repsonse. I am not looking to contest it, just to know really if it is recorded and if it would show up on the DBS check that the prison will do. I am not clear on this answer though. Whilst witing I have been looking at other stuff online and have seen about the SARS so might look into this. Does the PNC record only criminal convictions or does it gold information on magistrates issues?

Expert:  Jo C. replied 1 year ago.
Not the no tax.
There is an outside chance that the fact of the arrest for non payment might but not likely.
The PNC will record anything that comes to the attention of the police but this will not have done because it is a DVLA matter. It would be recorded with the DVLA but they do not disclose on DBS.
Customer: replied 1 year ago.

other than doing the SAR is there anything else I can do to check this out? I am likely to be asked on a prison vetting forms if I have any convictions/court summons and to give dates. Can I get this information from the magistrate court itself? As it is I do not know the court date or details. I have been told that if I fail to declare information and they find it through the DBS search then clearance will be refused.

Expert:  Jo C. replied 1 year ago.
An SAR would reveal anything that they hold upon you. It isn't usually necessary to do anything else.
But if you are asked a direct question about it then you should disclose. Bearing in mind that this says nothing about your character there is no point in not disclosing.

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