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#Post#: 64081--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: NewJudge
Date: March 25, 2025, 9:33 am
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--- Quote ---
> I will be sent details of any sentence & fine. Which I'm not
sure what those are
--- End Quote ---
The maximum fine is £1,000 or five times the annual duty
(whichever is greater).
The recommended fine is a multiple of your weekly income,
between a half and one and a half times that amount (depending
on how much unpaid tax). The fine will be reduced by one third
if you plead guilty. You will also pay the DVLA’s costs and be
ordered to pay the unpaid tax (for all the time since the tax
was last paid).
You can work out what that means to you, but I would say it will
certainly be more than £94 – probably considerably more.
Of course if you are certain the DVLA will be unable to prove
their case you should plead not guilty. Your case will then be
taken out of the Single Justice process and you will face trial
in court. If you are acquitted it will cost you nothing.
Since it seems the out-of-court offer is now off the table, you
should receive the evidence the DVLA has so you should be able
to take a decision how to plead.
#Post#: 64098--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 25, 2025, 11:50 am
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--- Quote from: NewJudge link ---
>
> [quote]I will be sent details of any sentence & fine. Which
I'm not sure what those are
--- End Quote ---
The maximum fine is £1,000 or five times the annual duty
(whichever is greater).
The recommended fine is a multiple of your weekly income,
between a half and one and a half times that amount (depending
on how much unpaid tax). The fine will be reduced by one third
if you plead guilty. You will also pay the DVLA’s costs and be
ordered to pay the unpaid tax (for all the time since the tax
was last paid).
You can work out what that means to you, but I would say it will
certainly be more than £94 – probably considerably more.
Of course if you are certain the DVLA will be unable to prove
their case you should plead not guilty. Your case will then be
taken out of the Single Justice process and you will face trial
in court. If you are acquitted it will cost you nothing.
Since it seems the out-of-court offer is now off the table, you
should receive the evidence the DVLA has so you should be able
to take a decision how to plead.
[/quote]
Thanks so much for all your help & the information. I will
contact NSL again & try to get the evidence. Will decide from
there
#Post#: 64108--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: JustLoveCars
Date: March 25, 2025, 12:30 pm
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--- Quote from: mr-jp link ---
>
> Thanks so much for all your help & the information. I will
contact NSL again & try to get the evidence. Will decide from
there
>
--- End Quote ---
They may treat this as a Subject Access Request (under Data
Protection Act) and may not respond particularly quickly...
#Post#: 64287--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 26, 2025, 3:27 pm
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Luckily they responded to my email today & gave me access to the
evidence. They did have pictures of my car on the road, but as
my friend said it was parked on his road & not the location
stated by NSL.
They have 3 pictures of my car but nothing with an address or
road name. I think I will try to fight it in court
#Post#: 64293--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: NewJudge
Date: March 26, 2025, 3:58 pm
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So your defence will be:
“Yes, my car was on a road when I’d declared it off road and not
paid tax. But it wasn’t that road. It was another road.”
I’d think long and hard before running that if I were you. (In
fact that’s wrong – I wouldn’t have to think for very long at
all 8) ).
#Post#: 64301--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: disgruntchelt
Date: March 26, 2025, 4:36 pm
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If you pay the £94 is that it? Or could they still come after
you for more later.
If that’s it take it, it will cost you more than £94 to take a
day off work even if by some miracle you win in court.
#Post#: 64307--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 26, 2025, 4:59 pm
---------------------------------------------------------
--- Quote from: NewJudge link ---
>
> So your defence will be:
>
> “Yes, my car was on a road when I’d declared it
off road and not paid tax. But it wasn’t that road. It was
another road.”
>
> I’d think long and hard before running that if I were
you. (In fact that’s wrong – I wouldn’t have
to think for very long at all 8) ).
>
--- End Quote ---
Haha I know it seems crazy but if the allegation is factually
incorrect then wouldn't it be void legally? Sure they could then
penalise me for it being on my friends road but they would have
to start the whole process again & I could then pay £94 &
finally put an end to this.
I've seen people win parking fines before this same way. E.g. If
a pcn says u entered a bus gate at 7:05pm but video footage
shows u entered exactly at 7pm & ur car wasnt there at the
alleged time then the allegation didn't happen.
& I've also had a speeding ticket cancelled based on a camera
calibration certificate not being upto date too
#Post#: 64309--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: mr-jp
Date: March 26, 2025, 5:03 pm
---------------------------------------------------------
--- Quote from: disgruntchelt link ---
>
> If you pay the £94 is that it? Or could they still come after
you for more later.
>
> If that’s it take it, it will cost you more than £94 to take a
day off work even if by some miracle you win in court.
>
--- End Quote ---
Too late for £94 now. If I plead guilty I guess I'll be paying
around £700+ & if I lose in court I guess I'll be paying £1100+
but I don't have much to lose at this point tbh
#Post#: 64314--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: Southpaw82
Date: March 26, 2025, 5:10 pm
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--- Quote from: mr-jp link ---
> Haha I know it seems crazy but if the allegation is factually
incorrect then wouldn't it be void legally?
>
--- End Quote ---
Only if proving the precise road the car was on is an essential
ingredient of the offence.
#Post#: 64318--------------------------------------------------
Re: Unlicensed keeping of a motor vehicle Court Threat From DVLA
DIR By: andy_foster
Date: March 26, 2025, 5:18 pm
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And if the court refused to amend the information.
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