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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice
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I am seeking some advice regarding the best way

Customer Question

Dear Sir,
I am seeking some advice regarding the best way to deal with a requisition I have just received from the DVLA to appear in court for using my car without road tax.
I had not realised the tax had expired until I received a letter from the DVLA telling me the tax had expired on 30/11/2015.
The reason for not renewing the tax is that I never received the usual renewal reminder from the DVLA.
I immediately called the DVLA and paid for the tax arrears and a further 12 months of tax.
Having always received a renewal reminder in the past I made enquiries with the DVLA as to why I did not receive one for this time. They informed me they did not send out the reminder as the car is showing on their records as being permanently exported.
I then received an letter from the DVLA requesting an amount of £38.00 as an out of court settlement for this offence.
I responded in writing disputing the offence as I believed I was not at fault and that the situation had arisen through errors made within the DVLA.
I have now received this requisition to appear in court.
I do not wish to appear in court and I am worried about the consequences of receiving a conviction should I plead guilty in writing.
If I were to send the DVLA a cheque for £38.00 to cover the original penalty, do you think they would drop the proceedings?
Any advice would in this matter would be very helpful.
Yours faithfully,
Simon Cooch
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Hello have they said what will happen if you were to attend court and be found guilty?
Customer: replied 7 months ago.
There is nothing to that effect in the requisition, but the maximum penalty is £1000.00 or five times the rate of annual duty and a minimum contribution of £90.00 towards legal costs
Customer: replied 7 months ago.
Hi Jo,As I have not heard from you for three hours I was wondering if you actually received my response to your question.
Expert:  Jo C. replied 7 months ago.
Sorry for the delay. I lost my connection.Have you otherwise always kept the tax up to date?
Customer: replied 7 months ago.
I did not respond to this question earlier as I could not wait any longer yesterday for your reply as I had an appointment to meet.My response to your question is :-We have always renewed the tax on time in the past.
Expert:  Jo C. replied 7 months ago.
No problem.When is it due in court?
Customer: replied 7 months ago.
5th May 2016
Expert:  Jo C. replied 7 months ago.
To be wholly honest, it is likely they would prosecute it. You do have time to write to them making representations which you may as well do. It costs nothing to do and might achieve a review of the case. However, the reality is that the DVLA tend not to exercise all that much discretion. Another option is to attend court and ask them to reconsider on the basis that it was an oversight and you have paid but you have to be realistic. Sorry if that is bad news. Can I clarify anything for you? Jo

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