A pensioner has been prosecuted over £35 of unpaid car tax just weeks after wife’s death under the controversial Single Justice Procedure.
The 82-year-old in sheltered housing was convicted after the DVLA found he had not paid the bill on his Ford B-Max in September 2024.
He wrote to the court, which heard the case last month, explaining that his wife died on August 6, 2024 and that he was ‘preoccupied’.
‘I paid the tax as soon as I became aware that I had forgotten,’ he added.
Due to the way the Single Justice Procedure (SPJ) operates, the DVLA does not routinely look at the evidence presented and defendants do not have to attend court.
As prosecutor DVLA could have decided to withdraw the prosecution on the grounds it wasn’t in the public interest.
But because of the fast-track design of the SPJ, this was not considered.
Court papers seen by the Standard reveal that the pensioner, who lives in the Saffron Walden constituency, was prosecuted after the previous car insurance expired on July 21 last year.
The 82-year-old in sheltered housing was convicted after the DVLA found he had not paid the bill on his Ford B-Max in September
Due to the way the Single Justice Procedure (SPJ) operates, the DVLA does not routinely look at the evidence presented
A stock image of a car tax disc seen through a car windscreen
He received a letter September 7, a month after his wife’s death, and after there was no reply the DVLA said a criminal prosecution followed.
The pensioner pleaded guilty in writing to a charge of keeping a vehicle without a valid vehicle licence and he was given a three-month condition discharge.
He was also ordered that the £35 of unpaid tax be settled and now has a criminal conviction on his record.
The government launched a consultation with the view to making amendments to the SJP system last month.
Proposed changes include making it an obligation for prosecutors to read mitigation letters and making it compulsory for agencies like DVLA to engage with potentially vulnerable defendants.
The consultation is expected to conclude on May 8, but the SJP system will continue to operate until then.
SJP proceedings deal with offences such as driving without insurance, dodging train fares and not paying for a TV licence, and defendants do not have to attend court.
The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court.
Since being established, there have been a number of incidents where members of the public have been prosecuted.
In February a pensioner with severe dementia who stopped driving two years ago was prosecuted by the DVLA under the controversial Single Justice Procedure.
The 83-year-old kept his classic red 1975 MG in his garage despite giving up driving two years ago. He had been moved into a care home and the very next day he was accused by the DVLA of ‘letting his car insurance lapse’.
The SJP was set up in 2015 to allow magistrates to decide on minor offences, such as using a television without a licence or driving without car insurance, without defendants going to court
In response to the Single Justice Procedure, his daughter sent a letter to the court explaining her father’s health and also advising that he was living in a care home.
Due to the way the court procedure operates, the DVLA did not look at the evidence presented by his daughter and he eventually received a criminal conviction.
The Magistrates’ Association – representing Justice of the Peace across England and Wales – held a major intervention last March to demand an overhaul of the ‘secretive’ SJP, which has led to vulnerable people being prosecuted behind closed doors in absentia or without legal representation.
The MA said ‘there are concerns’ that cases are being brought before magistrates without prosecutors, such as the DVLA or TV Licensing, reading mitigations.
A DVLA spokesperson said: ‘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.
‘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.’
