Charged while abroad

[GoSeigen]

I have been served with a "Single Justice Procedure Notice" charging me with Unlicenced keeping of a Motor Vehicle (contrary to Section 29(1) of the Vehicle Excise and Registration Act 1994).

I am currently living abroad and have been continually since before the date of the alleged offence 19 Oct 2019. Does this help me at all?

A second query: The paperwork served on me has a completely incorrect date of birth. Is this sufficient to make the service/charge invalid?


I am required to return a "Plead by Post form", deadline tomorrow, coronavirus/Easter/living abroad delayed receipt! Thanks for any help with these questions.


Brief background:

About 6 weeks prior to the date of the alleged offence I purchased a second-hand vehicle for the use of a family member located in the UK while I was living abroad. They didn't want to use it after all so it remained on the driveway undriven.
-I was the registered keeper (shouldn't have been really) but didn't receive any of the paperwork, being overseas at the time.
-I was not aware that tax is now cancelled on transfer of ownership, therefore the car was untaxed and and we should have declared SORN immediately.
-Being abroad, I didn't receive paperwork about the offence until it was too late to pay the fine. DVLA do not take payment by telephone either. -DVLA have now charged me with the original offence.

[JohnB]

Being abroad is no defence, they have got you.

[Lootman]

I was the registered keeper (shouldn't have been really) but didn't receive any of the paperwork, being overseas at the time.

If you didn't receive any of the paperwork, then how did you receive the Single Justice Procedure Notice? Presumably they have an (old) UK address for you? How did the UK authorities know where you are now?

Do you have assets in the UK that might be at risk of seizure if a default judgement is entered against you? Will you ever return to the UK to live?

Also you may have more time since the courts are deferring a lot of cases right now because of the virus.

Being abroad is no defence, they have got you.

Perhaps but the issue is more whether the UK authority has any jurisdiction over him given he lives overseas. For instance how could they collect on any fine?

If he doesn't reply to the notice then the magistrate will make a decision without any input from him. The question then is whether that matters. I got one of these decades again when I was overseas. I ignored it and nothing ever happened.

Replying to it will be an admission that he received the document and he might later want to deny ever receiving it. Might it be better to do nothing and see what they do next? Perhaps he can later get any judgement set aside on the grounds of a claim that he did not know anything about this.

[swill453]

The seller of the car must inform the DVLA of the buyer's name and a GB address by filling in and returning the V5 registration form. Do you know what address was used, and whether any subsequent correspondence was received there?

Scott.

[johnhemming]

There may be a way of challenging the process, but it might be best pleading guilty on the facts, but arguing for a discharge as sentence on the basis that the documents could not get to you in the time.

I don't know, but a lot depends on what the sanction would likely be as opposed to the cost of the fine (which is payable in any instance).

[GoSeigen]

Have had a night to sleep (not sleep, ha!) on this and get my thoughts about how the whole mess occurred a bit clearer.

The seller of the car must inform the DVLA of the buyer's name and a GB address by filling in and returning the V5 registration form. Do you know what address was used, and whether any subsequent correspondence was received there?

Scott.

The seller actually has to inform DVLA who the new keeper is, not the buyer (owner). This distinction is lost on a lot of people but is crucial in the law and to DVLA. Scott is right that a UK address seems to be required (is this law?)


The seller in my case informed the DVLA in Sep 2019 that I (the pruchaser) was the keeper, but handed the green slip to my wife (the "family member" referred to in the OP) who really should have been named as registered keeper, since she was the one who'd be using the car whereas I was outside the UK. Mistake number 1.

Then the following happened: the V5C log book was sent addressed to me obviously at our rented home in the UK. My wife had decided not to use the car but to try to sell it and was super busy packing stuff to emigrate. She didn't send me a copy of the V5C and didn't do the SORN, perhaps hoping I would SORN it or thinking the car would be sold imminently. The car was not sold; a penalty notice arrived in Oct.

The cock-up got worse:
-DVLA incorrectly enclosed a Section 46 form (asking for details of the keeper).
-My wife filled it in and signed it on my behalf explaining in part 3 that I (the registered keeper) was out of the country and enclosing a return flight ticket as evidence.
-DVLA wrote back rejecting the form and my wife's mitigating statement on Data Protection grounds, but the rejection letter arrived after my wife had departed the UK to join me. My plans changed and I didn't return to the UK. By the time I received the letter it was too late to pay the out-of-court settlement.
-Hence the prosecution.

The above is by way of further background. Obviously we had no intention of dodging tax, just were tardy doing the SORN due to the chaos of emigrating. To be clear for Lootman's benefit: I have no intention of lying or being dishonest about anything -- but obviously want to avoid a prosecution if at all possible: I am law-abiding as a rule and have a 100% clean record; it may make things difficult for my immigration here too.


So to the defence: I see that there is probably little mileage in being abroad except perhaps as mitigation.

Can anyone advise about the wrong date of birth? It is my wife's date that is given in the service documents, not mine. Can we have the prosecution case set aside/dismissed on the grounds it is not clear who was the defendant: me (named and registered keeper) or my wife (whose date of birth is given and was in charge of the vehicle at the time); we share the same address and surname... Also this error shows that even the most basic facts about the defendant have not been checked by the prosecution. I am tempted for both of us to write stating that we are not sure who is the defendant!

Thoughts?


GS

[UncleEbenezer]

obviously want to avoid a prosecution if at all possible: I am law-abiding as a rule and have a 100% clean record; it may make things difficult for my immigration here too.


So to the defence: I see that there is probably little mileage in being abroad except perhaps as mitigation.

Can't advise on any of that. Sounds like an honest cockup but I don't imagine the mitigation will get you far unless perhaps accompanied by something less honest.

But (again gut feeling), if your immigration is at risk, that seriously ups the stakes to the point where I'd consider actually paying for legal advice.

[AsleepInYorkshire]

Hi GS,

Can I be very blunt please Don't beat yourself up for being human. It's not worth it. I speak from great experience.

This is nothing more than an oversight on your part. That's all. Don't over-think it or allow it to diminish your well-being.

You should be allowed to write a letter to the court (and I suggest a written document delivered by post not electronically - but your choice) mitigating the offence. Essentially you are guilty. But that doesn't mean you cannot mitigate. If you select guilty you cannot defend your case. You can mitigate though. Don't mix the two up. If you select not guilty then you have to defend the case and ultimately if you lose you then have to mitigate.

I'm trite by my nature and often find myself apologising accordingly. Your mitigation should be precise. Dates and timelines with explanations as to why you didn't do something. Be careful that you don't fall into the trap of saying that your DOB was wrong or your wife competed a form which was returned. These are "defence" arguments not mitigation, albeit the issuance of the wrong form would have delayed timelines and that's "mitigation".

You've been human. It happens to us all. Although I'd like to think I hold the record for being more human than most

AiYn'U

[GoSeigen]

You've been human. It happens to us all. Although I'd like to think I hold the record for being more human than most

AiYn'U

Thx AIY, it didn't help that we were moving home, emigrating with 2 kids, leaving one 16yo behind, starting a new business and completing the purchase of a substantial commercial property overseas -- all at the same time. Oh and trying to not get divorced, LOL!

GS

[GoSeigen]

Thanks for all the answers and ideas. In the end I decided to plead not guilty and may request a hearing in court. But I intend first to contact DVLA and encourage them to drop such a trivial case or settle out of court. My defence is:

"I couldn't practicably attend to licencing the vehicle because I was living overseas, I was not informed that the seller had named me the registered keeper, and I had not received the Log Book or reminders by the date of the alleged offence. The DOB of the defendant on the Single Justice Procedure Notice does not match mine, which is DDMMYYYY. "

Will update on what happens.


GS

[GoSeigen]

Thanks for all the answers and ideas. In the end I decided to plead not guilty and may request a hearing in court. But I intend first to contact DVLA
[...]

Will update on what happens.

I got a very quick reply from the court informing me that DVLA are dropping the action.


Snorvey thanks for the offer of cake, wifey beat you to it with a delicious banana loaf -- and I ate it too.

GS