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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have received a court summons -payment of Vehicle

Resolved Question:

I have received a court summons for non-payment of Vehicle License Duty for my car. I have a receipt from DVLA for the license (from the online system) and a bank statement showing a transfer of funds from my bank account to DVLA for the license. I therefore had reasonable expectation that I had a vehicle license for the time the car was photographed.
I did not receive an initial letter from DVLA although they claim to have posted it and I subsequently received a letter from the court giving me the option of pleading guilty and paying a fine or pleading not guilty. I obviously chose the latter explaining why and enclosed copies of the receipt and bank statement.
The summons gives no reason as to why it has been decided that I should be summoned to court even though it states that it does "below".
Why has a magistrate decided that I must be summoned when it is obvious from the evidence that I paid for a license?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. Was this the last correspondence received from the court?
Customer: replied 1 year ago.
The last correspondence was the summons dated 23 October 2015 for a hearing on 27 November 2015
Expert:  Jo C. replied 1 year ago.
Ok.
Did you have a licence at that time?
Customer: replied 1 year ago.
I bought the car on 20 March 2015 and after paying for it, asked the salesman to tax it for 6 months which he did online and in my presence; he used my debit card and then printed the receipt. I later checked my bank account and noted that the funds had been transferred. The receipt clearly states that the vehicle is licensed from 01 March 2015 for 6 months and gives a reference number. The car was photographed on 06 June 2015 so was licensed at the time.The irony is that if we still had tax discs, I would have rung DVLA if it hadn't arrived within a week.
Customer: replied 1 year ago.
I renewed the license (I did not receive a reminder by the way) when it was due (beginning of September 2015) and have checked with DVLA that it is licensed... which it is.It is interesting to note that when I licensed it in March the DVLA system was a "Beta" system i.e. being trialled. I hostly believe that it is a computer glitch that has caused this.
Customer: replied 1 year ago.
My concern is that if DVLA do not have a record of my car being licensed then I suppose technically it wasn't even though I paid for it to be and had every reason to believe it was with evidence to show that.
Customer: replied 1 year ago.
I just checked my records and I set up a DD for the license from September on 06 September 2015.
Customer: replied 1 year ago.
Hi Jo.
I'm going to have to sign off soon. For some reason my email client seems to be down for maintenance so I can't access your recommendation yet.
Expert:  Jo C. replied 1 year ago.
Ok.
What I need to know is did you have a licence at that time?
Or do you mean tax? If so, was this vehicle taxed at that time?
Customer: replied 1 year ago.
The issue is about Vehicle license i.e. Road tax. I've had a driving licence since 1984 and never been disqualified. Sorry for the confusion.
Customer: replied 1 year ago.
They say the vehicle wasn't taxed but I have a receipt from them which shows it was and a bank statement showing that I paid them for it
Expert:  Jo C. replied 1 year ago.
OK. The probable explanation for that is that the DVLA hadn't updated the records. That does quite regularly happen. If so, it should be a simple matter of attending court and showing evidence that you had paid. Actually at the time this happened you wouldn't have even had to display a certificate as long as it existed elsewhere. The reason they have summonsed is that they don't accept you were taxed probably. It might have been that the DVLA hadn't done it but they will probably not prosecute if you show evidence that you had paid. Can I clarify anything for you? Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69511
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
Thanks Jo but what I don't understand is that I sent the court the evidence that I had paid when I pleaded not guilty and the magistrate still decided to send a summons. Why would they do that? It just wastes my time and theirs and costs the taxpayer money.

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