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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I have been given a court date on 30/03/16 offence

Resolved Question:

I have been given a court date on 30/03/16 for the offence of driving my car with out Road tax. I bought the car in November 2014 from a dealership with*****tax. In October 2015 my car was noted by an automatic number plate recognition camera that flagged the car as not being taxed. I have all my documents from when the car was bought saying that I bought a new*****tax i.e. the road tax was not transferred between owners.
If I present all this information to the prosecutor on the court date, will this proceed to a prosecution and am I liable for a criminal record for this? I am particularly worried as I am a medical doctor and do not wish this tarnish my record for something that is not my fault!
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Do they accept they didn't transfer it?
Customer: replied 1 year ago.
The DVLA are claiming that the car was never taxed when I bought the car. All documents from the garage say that the a new*****tax was bought with the car. The dealership also sent me a copy of the cheque they used to pay for the road tax and that all their documents say that they physically went to the post office to buy*****tax for the vehicle on my behalf
Expert:  Jo C. replied 1 year ago.
There are never really any guarantees with things of this kind as it comes down to the discretion of the individual prosecutor. However, you do seem to be describing a fairly good reason to exercise discretion in your favour. If you bought this vehicle after October 2014 there would not have been a need to display a physical tax disc and so you might legitimately have been genuinely confused. They could prosecute it. It is an offence of strict liability and there are some prosecutors about who are just plain stupid although mostly they work for London CPS. I suppose you could argue the special reasons exist not punish you but there is an much point because it only carries a fine anyway and it is non-recordable so it wouldn't affect your good character. Can I clarify anything for you? Jo
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Customer: replied 1 year ago.
No thats been very helpful, thank you for your help.