Stroke victim handed criminal conviction for unpaid vehicle tax while in hospital

The 64-year-old from Streatham was convicted over unpaid vehicle tax as he lay in a hospital bed

The government is currently consulting on possible changes to the controversial Single Justice Procedure

Christian Adams

Tristan Kirk, Courts Correspondent @ kirkkorner2 minutes ago

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A Londoner has been convicted of not paying tax on his van while he was in hospital recuperating from a stroke, in the latest case to emerge from the controversial Single Justice Procedure.

The 64-year-old from Streatham, south-west London, collapsed in February last year and spent eight months in hospital recovering.

While away from home and receiving medical treatment, the tax on his Ford Transit van expired and he did not pay the annual fee.

He then faced a criminal prosecution from the DVLA, over an unpaid bill of £55.84.

A letter was sent to the court, explaining that he is now receiving daily care visits, has been left disabled and with cognitive difficulties as a result of the stroke, and is “unable to manage his affairs”.

But due to the design of the Single Justice Procedure, which deals with hundreds of thousands of low-levels cases each year in a fast-track system, the letter was likely not passed to the DVLA.

The prosecution was not withdrawn, despite the powerful mitigating circumstances, and a magistrate opted to convict him – albeit with no added financial penalty to pay.

In the letter sent to the court, and obtained by The Standard, a woman who is helping the man explains that he “had a stroke on the 9/2/24 and was in hospital until October 2024, and within this time he was moved to (another hospital) for stroke rehabilitation.

“He was discharged from hospital on 9/10/24 after eight months in hospital. This is the reason why his vehicle was untaxed as he was unable to manage his affairs as his stroke has resulted in significant disability and he is unable to drive.”

She added that the van was collected by a scrap merchant in October, at around the same time that the DVLA noticed the tax had not been paid.

“I am completing this form on behalf of (him) as he is unable to manage his affairs due to his stroke and has carers coming to assist him three times a day and has a care package in place”, she added.

“The stroke has affected his mobility and cognition.

“I am happy to provide medical evidence, if needed, as evidence of his hospital stay and further evidence related to his stroke.”

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The government is currently consulting on possible changes to the Single Justice Procedure, which has come under intense scrutiny after an award-winning Standard investigation found deep flaws in the process.

Prosecutors do not routinely see mitigation letters, and are unable to take a decision to withdraw cases that are then shown to not be in the public interest.

Magistrates have also conceded they are poorly trained and lack understanding of their powers.

Defendants in the Single Justice Procedure are instructed by letter on how to respond to a charge, including pleading guilty or not guilty and submitting added information in the form of mitigation.

The DVLA has suggested that defendants with important mitigation should also write to the agency directly, so that it can be properly considered.

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."

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