A pensioner has been given a criminal conviction for not paying £35 in car tax fees after the death of his wife in a shocking court case.
In September 2024, the Driver and Vehicle Licensing Agency (DVLA) spotted a Ford B-Max which has an unpaid car tax bill, prompting the prosecution.
The 82-year-old wrote to the court to explain that his wife had died on August 6, 2024, and that he was “preoccupied”.
The pensioner confirmed that he paid the car tax bill “as soon as I became aware that I had forgotten”.
The pensioner now has a criminal conviction over the £35 unpaid car tax fee
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Despite this, the man was prosecuted through the Single Justice Procedure system, which has attracted controversy in recent years for its design, the Standard reported.
As part of the process, the prosecutor, in this case, the DVLA, usually doesn’t see letters of mitigation from the person being prosecuted unless they are flagged by the magistrate.
While the system is designed to fast-track low-level criminal cases, it also means that prosecutions may not be withdrawn, even if it isn’t in the public interest.
The pensioner, who lives in sheltered housing in Saffron Walden, was prosecuted after the car tax on the Ford expired on July 21, 2024.
The DVLA said a prosecution went further after a letter was sent to the man on September 7 and did not receive a reply following the death of the pensioner’s wife.
The 82-year-old pleaded guilty to a charge of keeping a vehicle without a valid vehicle licence, with the man now having a criminal conviction.
A magistrate gave the man a three-month condition discharge and ordered him to pay the £35 in unpaid tax.
The GOV.UK website states that Britons who are the registered keeper of an untaxed vehicle will receive a late licensing penalty (LLP) letter automatically.
These letters are set at £80, although can be cut to £40 if paid within 33 days. Failure to pay will lead to the case being referred to a debt collection agency.
A spokesperson for the DVLA said people who could be prosecuted and have strong mitigation of why they shouldn’t be charged should contact the agency directly.
They added: “We urge anyone who receives a letter about potential enforcement action to get in touch with us if there are mitigating circumstances we need to know about.
“A Single Justice Procedure notice will only be issued when we have exhausted all other enforcement routes, including issuing multiple items of correspondence, to which the customer can respond to DVLA with their mitigation.
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The DVLA has urged motorists with mitigating circumstances to contact the agency directly
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“Once progressed to SJP, any defendant can request a hearing in open court, but for those pleading guilty via SJP, including those with mitigating action, are considered by a magistrate.
“These can be referred back to DVLA but whether or not to do so is a decision taken by the magistrate.”
