The DVLA has prosecuted a pensioner with severe dementia for letting his car insurance lapse despite his daughter claiming that they had not been given any form of notice.
Under the controversial Single Justice Procedure, an 83-year-old man, who was not named, was prosecuted even though he kept his classic red 1975 MG in his garage.
On October 11, 2023, the pensioner was moved into a care home and was accused of letting his car insurance lapse the next day by the DVLA, according to the Evening Standard.
When prosecuted in the Single Justice Procedure, the daughter of the prosecuted pensioner was forced to explain her father’s ill health, in addition to proof of his care home admission.
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The DVLA confirmed that it had not seen the daughter's note
PA
The letter was sent directly to the court and the DVLA was not sent any information regarding the mitigating circumstances.
The DVLA sends a number of reminders and correspondence letters to the registered keeper of vehicles, informing them of the action they need to take in relation to taxation or insurance.
In a letter from the daughter, she explained that she had the power of attorney and that her father was “incapacitated with severe dementia”.
The man previously lived in Potters Bar, Hertfordshire, but had been moved to a north London care home, where he now lives full-time.
The pensioner was given an absolute discharge by a magistrate, meaning he escapes any fines or punishments, although he does receive a criminal conviction as a result of the case.
His daughter claimed that the notice was the first indication that there was an outstanding penalty charge, given that no other requests were found at his home.
The letter added: “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.
“He would not have the capacity to remember to ensure it,” in addition to the accompanying document.
This included information on when her father had moved to the care home and disputed the DVLA’s claim that a fixed penalty notice had been sent over the unpaid car insurance.
The DVLA confirmed to the Evening Standard that it had not seen the letter of mitigation, entered with a guilty plea from the daughter on her father’s behalf.
A Single Justice Procedure will see a single magistrate, supported by a legal advisor, decide on minor offences in a way which GOV.UK describes as “quicker, more straightforward and more efficient” than other prosecutions.
The DVLA will only issue an SJP if all avenues have been exhausted at which point motorists can liaise directly with HM Courts and Tribunal Service (HMCTS) to give their plea.
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The pensioner said he had stopped driving two years ago
PA
Based on the driver pleading guilty or not guilty, the case will be referred back to the DVLA, with the Government agency working closely with HMCTS to resolve issues.
The Lady Chief Justice Lady Carr has agreed to investigate the way the Single Justice Procedure operates and whether it is fit for purpose.