Single Justice Procedure Notice No Insurance

[InNeedOfHelpP]

Hello all

Would like some help and assistance with the following is you are able to please.

Last year I paid the fine for no insurance on 20/12/17 although DVLA now state it was 4/1/18 - not sure that really matters.

As I'd paid the fine & the car was listed for sale I did not want to SORN it and asked them for advice but never received any response so left it as it was.Unfortunately it took longer than expected to sell the car & I sold it on the 10/3/18, just for the record it was not on a public road at this time.

The Notice I have received states the offence date as the 9/3/18, I assume they have used this date rather than the day after the fine was paid as it is within 6 months limitation period.

Having spoken to a friend who is a solicitor, but freely admitted motoring is not his expertise, he said that he thinks as I have paid one fine for this offence and technically as far as he knows it is still one offence then the doctrine of 'autrefois convict' applies, in that one cannot be tried again for a matter that they have previously been penalised for. He suggested I ask the DVLA about this as there may be a technicality that the offence is 're-committed' therefore being a separate new offence.

I spoke to them on the phone & they said that after the fine the car must have been SORN or insured and they ran out, this is not the case. As such I wrote to them and they have skirted this question in their reply and referred me to s144(1)A of the RTA which isn't even the right section! Unfortunately the SJPN has the correct section.

My friend also suggested that it may be an abuse of process that the date given was not the earliest known date of the offence and therefore used for the convenience of the DVLA so it fell within the 6 month limitation period.

I was wondering if anyone had any experience or knowledge with regard to these issues?

Many thanks in advance for reading

Paul

[Kati]

des8 ??

[des8]

The website:https://www.gov.uk/pay-dvla-fine states
"You must make sure you’ve insured and taxed the vehicle, made a SORN or told DVLA you no longer have the vehicle after you’ve paid the fine."

I'll check later to see if the regulations leave any loopholes

[InNeedOfHelpP]

The website:https://www.gov.uk/pay-dvla-fine states
"You must make sure you’ve insured and taxed the vehicle, made a SORN or told DVLA you no longer have the vehicle after you’ve paid the fine."

I'll check later to see if the regulations leave any loopholes

Thank you des8

[des8]

"I spoke to them on the phone & they said that after the fine the car must have been SORN or insured and they ran out,"

Suggest you tell DVLA (in writing) that you intend to defend this matter on the basis put forward by your friend and you will be requiring them to prove in court that you either had insured the car (which they won't be able to do!) or how a SORN (which is valid for 12 months) ran out after only
two months.

But only if you are prepared to run the risk of the increased penalty.
On the other hand DVLA are well known for brinkmanship and only withdrawing at the very last minute on the court steps


I cannot find anywhere the regs state you need to declare SORN after you have paid the fine, so it does seem you have received a second penalty for the same offence.

[InNeedOfHelpP]

Thank you again des8
I never declared it SORN so I shall go on the basis that this is a 2nd penalty for the same offence, being that the offence was continuous.

[InNeedOfHelpP]

des8 would you mind having a once over of this and letting me know what you think please?

Dear ####

Thank you for your email and the time you have given to your response.

Unfortunately I think there may be some confusion as you state:

‘This therefore shows that you were the Registered Keeper on the ###### (date of offence). I can confirm Legislation for this act can be found in Section 144(1)a of the Road Traffic Act 1988.’

S144(1)a refers to exemptions from insurance and does not address my specific question regarding legislation.

In my letter of #### 2018 I queried that I had already been fined for no insurance and to then take the matter to Court is you attempting to levy a second penalty for the same offence. It is my position that this would be a continuation of the same offence and not a second or new offence.

Therefore the legal doctrine of autrefois convict prevents further penalty and your claim is not enforceable, in that one cannot be tried again for a matter that they have previously been penalised for.

Further you were aware of this offence prior to the #### 2018, the fine was paid in #####r 2017 and to use the 9 March date to avoid the 6 moth imitation period for issuing the Single Justice Notice would amount to an abuse of process.

I stand to be corrected by you regarding the above, and if this is the case I ask again that you direct me to the specific legislation that gives you this power or authority. Rather than directing to the generic legislation I would ask that you cite the relevant sections that you will be relying on in order that I can properly & fully prepare & file my defence if necessary.

In the absence of the above information requested it will be on the basis of the above that I will be defending the case and I will be asking the Court for loss of earnings as well as reasonable disbursements.

[des8]

I would only leave out the paragraph "I stand to be corrected."....upto......"it will be" in the last sentence

FYI the section she should have referred to was: [144AOffence of keeping vehicle which does not meet insurance requirements
(1)If a motor vehicle registered under the Vehicle Excise and Registration Act 1994 does not meet the insurance requirements, the person in whose name the vehicle is registered is guilty of an offence.

[Bluey4543]

The rules of SORN have now changed, you don't have to renew it every 12 months it lasts indefinitely.