Single justice procedure notice

[mdog]

Hello,




I have recently received an SJPN for uninsured keeper of a motor vehicle (failure to SORN).

I have had a car on my drive, taxed but uninsured for several months as I was unaware this was an offence.

In January 2024 I opened up several letters, the first from November advising I needed to sorn the vehicle or would receive a fine. And then another in December advising they would be fining me. I sorned it straight away and didn’t realise I would still need to pay the fine.

I have since (15/03/24) received a letter for the SJPN and need to decide how to plead and what mitigating circumstances to add if guilty. Also if it’s worth speaking to the DVLA and asking them to drop it?

I’m also wondering what the likely fine I would get would be.

I unfortunately struggle with emotionally unstable personality disorder, depression and anxiety, one of the side effects meaning I struggle to open any letters I receive. Would this be considered as a mitigating circumstance does anyone know?

[PallasAthena]

Tagging islandgirl

[HandyAndy]

I unfortunately struggle with emotionally unstable personality disorder, depression and anxiety, one of the side effects meaning I struggle to open any letters I receive. Would this be considered as a mitigating circumstance does anyone know?

Your condition is unfortunate but running a car involves certain responsibilities, not the least of which is to ensure you respond to any letters you receive about it. It is unlikely that the court will see your condition as mitigation. You should have known that all vehicles must be either taxed and insured or declared (and kept) off road (it's mentioned in the Highway Code) so you should not have needed reminding of that by the DVLA.

I don't see any reason why the DVLA should drop the prosecution (though a phone call - if you can get through - will do no harm). If you plead guilty the normal sentence will be a fine of one third of a week's net income, a "Victim Surcharge" of 40% of that fine and the DVLA will ask for prosecution costs. I believe they normally ask for about £100.]

[mdog]

Thank you for your response, HandyAndy
I totally get I have certain responsibilities and have to face up when failing to meet those! Just think it is quite harsh how hard they come down on people struggling, and I’m sure not many people have memorised the Highway Code!
Do you think it would make any difference noting in the mitigating circumstances that I have another vehicle which is fully up to regulation and have never had any convictions or issues before?
Also do you know if once convicted, would I have to declare it on my insurance ?
Apologies for all the questions, I’m only 21 and unfortunately don’t have anyone else to ask. Thanks again

[HandyAndy]

You can try any mitigating circumstances you wish. You may encounter a kindly Bench who cut you some slack, you may not.

As for insurance, it depends what they ask. If they ask whether you have had any convictions, you must answer "yes". The normal rehabilitation period (i.e. when you no longer have to declare them) for motoring offences is five years, but that applies to offences which carry an endorsement. This one does not and so probably has the same rehab period as an offence dealt with by way of a fine which, IIRC, is one year. I'll look this up properly tomorrow.

[islandgirl]

Just seen the above - agree with HandyAndy The fine was issued and should have been paid. The fact that the law was then complied with will make no difference. I do not believe that struggling to open letters would be mitigation though you can of course mention all your difficulties in your reply. You will need to provide details of income - if you are on benefits it is deemed to be £120 a week but you must give your income level and explain if you receive benefits etc. Prosecution costs are usually £85 in my area.
Make the info you give short and to the point. The single justice dealing with this will be doing lots and lots in a morning or afternoon session and will not be able to give lots of attention to a long and detailed letter.

[atticus]

These ChaGPT bots are getting boring. Their generic advice may look useful on the face of it but that is all.

[mdog]

Just a quick update to say after a lot of waiting on hold I managed to get through to a lovely man at the DVLA who let me pay the initial £100 fine and dropped the case with the court!! Thought I’d advise that it is possible in case anyone else is ever in the same boat and sees this

[HandyAndy]

Good result. Thanks for reporting back.

[islandgirl]

Great news thank you for letting everyone know