Naturalisation and Driving Offence.

[Twin]

I'm probably not due naturalisation yet as I have only in Nov 09 been granted ILR under the 7 year policy. My application was finally decided after 5 years.

Anyway, the problem now is that my EX drove my car while I had declared a SORN on it and the DVLA of course sent a fine which he hid from me and wrote to the DVLA pretending to be me, claiming that I wasn't the driver at the time and signed in my name. I didn't know of this offence until he had moved out of my flat and I later started receiving correspondence from the DVLA but by which time the fine had increased to about £400. I explained to the DVLA that I didn't commit this offence and that I didn't have that kind of money. The matter went to court but again, I didn't receive the summon.

The court decided for the DVLA and ordered that I pay £953. I was not aware of this until the bailifs dropped a removal notice through my door. I contacted the court and made a statutory declaration and the case was set aside.

I don't know if to reopen the case to have it heard with my evidence or just leave it as it is. Also, I would like to know how this is likely to affect my eventual application for naturalisation and what I can do in the meantime to clear my name?

Please advise.

[Wanderer]

I think the problem with these sort of motoring offences are that you are guilty until you prove your innocence.

So I suggest you pay the fine and seek legal remedy from your ex for the costs.

[Idea]

I think paying the fine amounts to acceptance of guilt. If you are not guilty you'll have to take a legal course and get your name cleared.

It would come down to a forgery case on your ex. You'll have to ask for proof from DVLA for the letter you allegdly sent and argue it was a forgery... but you'll have to intiate the action..

- my random thoughts

[Wanderer]

I think paying the fine amounts to acceptance of guilt. If you are not guilty you'll have to take a legal course and get your name cleared.

It would come down to a forgery case on your ex. You'll have to ask for proof from DVLA for the letter you allegdly sent and argue it was a forgery... but you'll have to intiate the action..

- my random thoughts

Plus the OP would have to prove that they secured access to the vehicle - ie kept all keys and maybe ensured vehicle could not be driven, as the official keeper the onus is there to mitigate risk.

IMHO the OP is over a barrel with this.

[Twin]

As difficult as it might be and given the likely consequence, I wouldn't mind so much as to gather some £1,000 together to pay the fine (very infuriating!) but does that clear me from the offence? Wouldn't I still need to declare this in my application for naturalisation? In essence, wouldn't it be a case of me accepting liability for an offence that I didn't commit?

[mrlookforward]

Right, here is a piece of information which shall make a difference to the decision you might make.

If DVLA fines you for 900 pounds or 9000 pounds and if you pay it, or if you settle a somewhat lesser amount of fine eg 300 pounds and pay it, then you do not have to declare it anywhere at all in your lifetime.

If you are prosecuted in a court of law, and you are found guilty, that means you have been "convicted" and you will have to declare it. If you get a fine as part of you conviction, which you surely will, then this will take 5 years to be regarded as spent, even if the fine is one single penny. Needless to say that your naturalsation application will most likely be refused.

Best course of action would either be to contact DVLA, then write them a full letter explaining everything and hope that they wont want to take you to court. You could take advice from Citizens advice bureau too, who might be willing to contact DVLA and sort the matter.

One thing is of paramount importance is, that its in your favour to settle this matter without going to court. Delay in taking action could cause you big trouble when you want to apply for BC.

The case was set aside by statutory declaration because you declared that you didnt get summons. Its only a matter of time that you get the summons again and get called to court.

[mrlookforward]

Also may I second the advice given by wanderer. Your ex driving the vehicle, even you had no knowledge of this is not a defence for you. Its your responsibilty that the vehicle is off road. You ex taking a vehicle without your knowledge has nothing to do with dvla. Its a matter between you and your ex.
So in all likelihood, you will again get summons. Once you get summons again, there wont be a way of avoiding conviction, which will effect your naturalisation.

[Twin]

@Mrlookforward - i'm a bit confused about your response. This matter has already been to court and the court has awarded the DVLA £953 and on the back of that, the bailifs have attended my property.

[mrlookforward]

right, because you went to court later and claimed that you did not get the summons, the court clerk made you sign a statutoy declaration. You then read the declaration in front of magistrate. You have already mentioned that the case was set aside. so basically at this moment of time, you have no convictions against you. But its only a matter of time that you will receive the summons again, and then you will have to attend the court. I am not claiming to be a solicitor, but knowing what I know, you will soon find that you are someone who has been convicted. Any application for naturlasation will most likely be refused because you will have an unspent conviction. (it wont be wrong to say that your application will be definitely refused)

Your best bet will be to take some action very quickly if you want to avoid this. A solicitor might still be able to settle it out of court for you. You can also ring dvla and ask them if the summons can be stopped if you pay the amount. This wont be the amount which was granted in court, because the court case now stands dissolved.
Looking at your post again, the amount should be £ 400. If you again try to convince to DVLA that you are not responsible etc etc then you will just end up in court. You can try to offer DVLA to pay this amount in a few instalments. I cant stress enough that according to law you were responsible for the vehicle which was driven without tax (when you had sorn on it). Who drove it and how it happened is irrelevant. Its a strict liability offence, meaning you are guilty even if something happened without your knowledge.

[Twin]

Thanks, Mrlookfoward. I shall contact the DVLA later today to arrange a payment and let you know how i get on.

[Twin]

I think paying the fine amounts to acceptance of guilt. If you are not guilty you'll have to take a legal course and get your name cleared.

It would come down to a forgery case on your ex. You'll have to ask for proof from DVLA for the letter you allegdly sent and argue it was a forgery... but you'll have to intiate the action..

- my random thoughts

Thanks, Idea. I have actually seen the forged document which was sent by the DVLA and it is as clear as day that my EX wrote and signed it in my name.