- DVLA accused him of ‘letting insurance lapse’ day after he moved into care home
- Been prosecuted under the procedure? Email: Dan.Grennan@mailonline.co.uk
A pensioner with severe dementia who stopped driving two years ago has been 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.
On October 11 last year, the pensioner was moved into a care home and the very next day he was accused by the DVLA of ‘letting his car insurance lapse’.
In response to the Single Justice Procedure, his daughter sent a letter explaining her father’s health and also informed the DVLA he was living in a care home.
Due to the way the controversial court procedure operates, the DVLA did not look at the evidence presented by his daughter and he eventually received a criminal conviction, the Evening Standard reported.
The 83-year-old kept his classic red 1975 MG in his garage despite giving up driving two years ago. Pic: a stock image of an MG
A stock image of a car tax disc seen through a car windscreen
The pensioner’s daughter, who lives in Potters Bar, Hertfordshire, explained that her father would not have had the ‘capacity’ to remember to insure the car.
She said: ‘I am his daughter and have power of attorney. The vehicle was in a secure garage off premises.
‘My father lost his licence to drive over two years ago and we were unaware the classic MG was uninsured and he would not have the capacity to remember to insure it.’
She also disputed the DVLA’s claim that her father had been sent a fixed penalty notice over the unpaid car insurance.
The 83-year-old’s daughter said the Single Justice Notice ‘was the first indication there was an outstanding penalty charge. No previous request was found at his home address.’
The DVLA confirmed to the Evening Standard that they had not seen the letter of mitigation which was sent along with a guilty plea by the daughter.
The pensioner was given an absolute discharge by a magistrate which means he faces no fine or other punishment but he did receive a criminal conviction.
A single justice procedure is used to deal with minor offences without the need for a defendant to go to court.
Defendants are given notices of the charges they face and asked for their plea, which can be made by post.
Those who plead guilty can choose whether to go to court and appear before a single magistrate, who will make a decision over sentence. Those who plead not guilty have to go to court to give evidence to the magistrate.
Previously, a mother was left horrified after she recioved a Single Justice Procedure notice for taking her children on a holiday during the school term.
Based in New York, Stephen Freeman is a Senior Editor at Trending Insurance News. Previously he has worked for Forbes and The Huffington Post. Steven is a graduate of Risk Management at the University of New York.