A 76-year-old woman suffering from vascular dementia, who requires round-the-clock care, has been convicted in one of Britain's contentious fast-track courts for failing to insure a vehicle she has been unable to drive since 2024.
Prosecution Details and Family's Defence
The pensioner, residing in Rickmansworth, Hertfordshire, was prosecuted by the DVLA over an unpaid insurance bill for a Ford car that remained registered in her name. Legal documents were sent to her address, but her son-in-law responded, explaining that she needs 24-hour care, ceased driving long ago, and would be utterly incapable of comprehending the court papers.
He stated, "She lives in her own home with a 24-hour carer," offering to provide GP notes and care agreements as proof. "The car has been in her garage for over 18 months without being driven. Her insurance wasn't renewed because she can no longer drive, but unfortunately, the SORN was not completed. We are currently unable to locate her V5C and logbook."
Single Justice Procedure Controversy
Despite the mitigation, a magistrate convicted her under the single justice procedure (SJP), a system that permits cases to be decided privately without the defendant or prosecutors present. The DVLA itself has advocated for reforms to ensure prosecutors always review mitigation letters before court consideration, allowing an additional check on whether prosecutions serve the public interest.
In its prosecution papers, the DVLA noted that an offer of a fixed penalty fine had been sent to the pensioner and went unpaid. However, her son-in-law argued they only became aware of the issue when the SJP notice arrived, detailing the criminal case. "I am pleading guilty on her behalf as we do not have up-to-date insurance, but I believe the real offence is failing to apply for the SORN," he said. "The paperwork is overwhelming and impossible for her to understand alone."
Outcome and Broader Implications
The magistrate, based in Leicester, convicted her of keeping a motor vehicle without meeting insurance requirements after accepting the guilty plea entered on her behalf. However, an absolute discharge was imposed instead of a fine and costs. The DVLA does not routinely see mitigation letters unless a magistrate adjourns the case for further public interest assessment.
This case highlights ongoing scrutiny of the SJP system. Last week, retired Court of Appeal judge Sir Brian Leveson, in an independent review, expressed support for enhancing safeguards for defendants, advocating greater transparency and ensuring mitigation is considered. The Government has spent the past year evaluating potential reforms to the SJP, used for processing low-level criminal cases.
Court records reveal that in the week of this prosecution, the DVLA brought over 4,000 cases in the SJP system, with the same magistrate convicting and sentencing 135 other defendants in a single day. The DVLA has publicly urged individuals facing prosecution to contact the agency directly if they have crucial background information on unpaid bills that warrants consideration.
