Car scrapped + DVLA Fine > Conviction

[scarred]

I am at a loss for words. The main facts:

 

 

 

 

• My car was due for renewal in 1 week and I had to be away for work.
  
• I parked my car in a residential area that I thought was off the road, whilst away for 3 weeks.
  
• When I returned, the car had gone. I reported it stolen and was told that the car was impounded.
  
• As the tax disc was out of date, the council had the car scrapped.
  
• The car was my only mode of transport and had a lot of items with sentimental value in it.
  

Almost four years later (I had moved house during this time)

 

 

 

 

• I received a letter from bailiffs saying that I owed £400+ magistrates fine.
  
• Apparently I had been convicted in my absence for keeping an unlicensed vehicle.
  
• The DVLA would like me to pay £50 extra as a fine to waive the £400+ magistrates fine. They seem to be ignoring the fact that my vehicle and its content were destroyed and discarded.
  

Can they do this? Do I now have a criminal record?

 

Please help.

[dx100uk]

hi and welcome

 

you certainly don't have a criminal record.

 

so the area was part of the public highway then?

 

dx

[scarred]

Thank you for your reply.

 

I didn't think it was part of the public highway at the time (silly I know) - which is why I chose that place. It was a courtyard "off the road" outside some council flats.

 

Like this: (http) c2.staticflickr.com/8/7226/7182151170)00c9ed1971 .jpg

 

With tarmac instead of grass. Several cars were parked there and mine was one of them.

[Raykay]

It may depend on what offence the DVLA have alleged.

 

It could be:

Using or keeping an unlicensed vehicle on a public road (a road maintained at public expense), contrary to s.29, Vehicles Excise & Registration Act 1994 .

Or

Being the registered keeper of an unlicensed vehicle, contrary to s.31A of the same act - for that offence it doesn't matter where the vehicle is.

[scarred]

Hello, RayKay. I don't know yet - which is the problem with convicting someone in their absence. If the car had been off the road, would s.31A have applied? I think it was likely to be s.29, simply because they scrapped the car. It may well have been both. The car was insured at the time, if that makes any difference.

 

I don't understand how they can convict *and* fine someone whose car they have destroyed.

[ericsbrother]

They are doing you for having a vehicle without a tax disc and no SORN. Your get out is having the council's scrappage cert, if it is available and then go back to court to get the judgement overturned. You can appeal on the basis of the failure to notify but I'm not sure how that sits with the timings of your change of address. You will need to ask the court that made the original judgement.

[Raykay]

A certificate of destruction would not help if the offence involved an unlicensed vehicle , it could help if the offence was for failing to notify disposal of the vehicle.

[Raykay]

Hello, RayKay. I don't know yet - which is the problem with convicting someone in their absence. If the car had been off the road, would s.31A have applied? I think it was likely to be s.29, simply because they scrapped the car. It may well have been both. The car was insured at the time, if that makes any difference.

 

I don't understand how they can convict *and* fine someone whose car they have destroyed.

 

Two different matters, the council removing and scrapping the car, and the DVLA prosecution for not having a licence.

 

S.31A applies wherever the vehicle is, s29 only applies if the vehicle is used or kept on a public road.

[scarred]

Thank you three - you've been very helpful.