My pensioner dad was convicted for not insuring his car but he’s in a care home with dementia & hasn’t driven in YEARS
A WOMAN has hit out at the DVLA after her OAP dad was prosecuted for not insuring his car, despite being in a car home with dementia and not having driven in years.
The distraught daughter submitted a letter of mitigation in a bid to explain the situation, which the agency claims it did not see.
According to a report in , the 83-year-old man owned a 1975 MG despite losing his licence due to his condition two years ago.
The report claims that his daughter attached documentation to her letter, which showed that he had been admitted to a care home on October 11 2023.
But the very next day, a notice of intended prosecution was reportedly sent to his former home address, informing him that he would prosecuted via a Single Justice Procedure (SJP) for "allowing his car insurance to lapse".
SJPs are a controversial measure brought in to reduce court backlogs by fast-tracking the prosecution of minor offences.
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In the note, submitted as part of a guilty plea in the SJP case, the man's daughter wrote: "[My father] is incapacitated with severe dementia.
"I am his daughter and have power of attorney.
What is a Single Justice Procedure (SJP)
Single Justice Procedures were introduced in 2015 as a means of reducing mounting court backlogs.
The Government says they can only be used to decide "adult, summary-only, non-imprisonable and victimless offences".
This often includes things like failing to insure your car, non-payment of TV licence fees or going over the speed limit.
SJP cases are not taken to a full hearing and are instead decided by a single magistrate, supported by a legal advisor.
Pleas can be submitted online on the same day that the case is added to the case management system.
Government stats show that over 700,000 SJPs were completed between January 1 2022 and January 18 2024.
Ministers claim that this saves time for those involved in such cases, makes the process less costly and means court time can be better used on more serious crimes.
However, critics claim that SJPs are not sufficiently transparent and can lead to unfair outcomes.
Wayne David, the Labour MP for Caerphilly, and Conservative West Midlands Mayor Andy Street have called for a closer look at the role SJPs play in the court system.
Mr David said: "It strikes me as extremely unfair that this mechanistic process does not take into account very important mitigating circumstances."
An investigation into SJPs will be conducted by Lady Carr, the Lady Chief Justice.
"This notice was the first indicated there was an outstanding penalty charge, no previous request was found at his home address.
"My father lost his licence to drive two years ago and we were unaware the classic MGB was uninsured.
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"He would not have the capacity to remember to insure it."
She also claimed that the motor had been stored in a "secure garage" away from his home and was not being kept on the road.
In light of this, the DVLA could have withdrawn the case due to it not being in the public interest.
However, according to The Standard, the agency claimed it had not seen the daughter's letter.
The OAP was handed an "absolute discharge" by the magistrate presiding over the case, meaning that he will not have to pay any fine or face any punishment - but he still comes away from it with a criminal record.
A DVLA spokesperson said: "The law is clear that vehicles must be taxed and insured at all times unless being kept off the road and a SORN has been made.
"The vast majority of motorists comply with these legal requirements.
"For those who do not, we send a number of reminders and correspondence to the registered keeper, highlighting the action they need to take and the potential enforcement action that could follow if they don’t.
"Only when we have exhausted all other enforcement routes, an SJP notice will be issued.
"Once a case progresses to SJP, motorists would have to liaise directly with HMCTS, and plead guilty or not guilty.
"Guilty pleas via SJP are considered by a magistrate without further input by DVLA.
"Where a guilty plea has been made via the SJP with mitigation, it can be referred back to DVLA and whether or not to do so is a decision taken by the magistrate."
A spokesperson for the Ministry of Justice added: "This case has since been withdrawn by the DVLA.
"Only uncontested and non-imprisonable offences are dealt with under the Single Justice Procedure and magistrates are always assisted by a legally qualified adviser."
It comes after drivers slammed a cash-strapped council for hiking parking prices by 500%, saying they were being "punished".
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Meanwhile, it was revealed that motorists using a major smart motorway were being stung for £8,000 a day in fines.
The picture of the MG MGB that originally illustrated this article was a library image used purely to show the model of car involved in the story. The individual shown driving the car has nothing whatever to do with the story, and we apologise for any suggestion to the contrary. The picture has been changed.
