An 86-year-old Newcastle pensioner with Parkinson's disease, whose wife has Alzheimer's, has been convicted under the Single Justice Procedure (SJP) for an accidental £20 car tax bill. The pensioner, who lives on the outskirts of Newcastle, told the court that the tax on his Ford Fiesta went unpaid in January when his daughter, who manages his finances, was moving house. He had already paid an £80 financial penalty but was confused as to why he was now being prosecuted for a criminal offence.
The Case
The Driver and Vehicle Licensing Agency (DVLA) launched a criminal prosecution over the six-week period between February and mid-March when the car had not been properly taxed. The pensioner was convicted at Lincoln Magistrates' Court last Thursday and issued with a court order to pay £3.34 in compensation to the DVLA. Magistrate Lynda Briggs accepted his guilty plea and spared him another fine, concluding the case with an absolute discharge as well as the compensation order.
In his written mitigation, the pensioner explained that his daughter "has control of my financial and health and welfare as lasting POA (power of attorney)." He wrote: "She has to do much on keeping on top of everything for my wife and I. We are both nearly 87. I have Parkinson's disease and my wife has Alzheimer's. (She) overlooked paying my tax renewal of £20." He added that his daughter had moved address and they assumed the original reminder went to her old address. The letter ended with: "I am not sure why I have received the Single Justice Procedure notice" and a plea to call his daughter to confirm the matter resolved.
Controversial Fast-Track Process
The case was prosecuted through the Single Justice Procedure, where magistrates sit behind closed doors to deal with low-level criminal cases. The design of the SJP means prosecutors such as the DVLA do not routinely see mitigation letters and risk missing important information that could question the public interest of a prosecution. Magistrates can adjourn a case for an open court hearing or send it back to the DVLA for a further public interest check.
The Labour Government consulted last Spring on greater safeguards in the SJP system, including a mandatory prosecution check of each case after defendants enter mitigation. The DVLA supported the idea, but since the consultation closed last May, no public announcements have been made on possible changes. The Government has spent 17 months considering reform after reports of elderly and vulnerable people being harshly convicted over unpaid household bills.
On the same day as the pensioner's case, the magistrate in Lincoln convicted and sentenced 60 other defendants in DVLA cases, imposing fines, costs, court fees and compensation totalling almost £25,000. Court data shows 1,950 people across England and Wales were prosecuted last week in the SJP for keeping or using a vehicle while their tax was unpaid.
