How Will a Court Fine for Unpaid Road Tax Affect Me?

[captain_hindsight]

Hi all,

So here's my story, my car didn't have road tax (because I wasn't using it and didn't know about SORN, my bad!) and they clamped the car and issued a fine, which I paid, but there was also another fine which I didn't know about (I've just learnt about this and I'm still trying to find out exactly what that fine was for), because the DVLA had posted it to my previous house address (unfortunately I hadn't changed the registered owner's address at the DVLA). So after the DVLA had sent numerous letters to my old address, my case got escalated and was presented at a magistrates court, which sentenced me, in my absence, to pay a fine and they also instructed bailiffs to pursue the matter. I only heard about this fine a couple of weeks ago when I received the Bailiffs letter requesting an immediate payment (which I paid immediately). so it would appear that what could have been just a fixed penalty has now turned into a court fine/sentence, so here's my question:

in you opinion/experience will my application for naturalization get rejected because of this?

Many thanks for your time and I look forward to reading some encouraging posts!

[friendinneed]

If you do searches on here you will find how DVLA originating prosecutions do vary in how often they are picked up and how they are dealt with.

There are a few people who failed to declare motor offenses and got offered citizenship, there are a few who failed to declare them and were rejected because of them.

To be safe you would need to wait until the conviction is spent which would normally be 5 years from the date of the conviction for a fine.

[goodfellow1]

Hi all,

So here's my story, my car didn't have road tax (because I wasn't using it and didn't know about SORN, my bad!) and they clamped the car and issued a fine, which I paid, but there was also another fine which I didn't know about (I've just learnt about this and I'm still trying to find out exactly what that fine was for), because the DVLA had posted it to my previous house address (unfortunately I hadn't changed the registered owner's address at the DVLA). So after the DVLA had sent numerous letters to my old address, my case got escalated and was presented at a magistrates court, which sentenced me, in my absence, to pay a fine and they also instructed bailiffs to pursue the matter. I only heard about this fine a couple of weeks ago when I received the Bailiffs letter requesting an immediate payment (which I paid immediately). so it would appear that what could have been just a fixed penalty has now turned into a court fine/sentence, so here's my question:

in you opinion/experience will my application for naturalization get rejected because of this?

Many thanks for your time and I look forward to reading some encouraging posts!

If you declare your conviction(fine)from the magistrate court your application will be refused and you will lose the fees, you will need to wait 5 years until your conviction is spent under the rehabilitation of offenders act 1974, if you conceal that information on your application they will still find out and you risk to be prosecuted or barred from applying for the next 10 years.Good luck

[captain_hindsight]

I called the magistrates that had issued the original court fine and explained the situation. they said i can make a statutory decleration, which basically means i have to swear under oath that i hadn't received any of the DVLA and court letters, if that goes through they will reopen my case and there's a chance they could clear the case off my record (not sure yet). The court's legal team are going to contact me within the next two weeks. I was very disappointed that the bailiffs didn't tell me I could make that decleration when i first contacted them, I mean, I'm not a lawyer and how am I supposed to know that i had that option.

I was actually quite lucky, because you can make one of those declarations within the first 21 days of receiving the bailiff letter, I made the request on the 20th day, very marginal! But I think there is such a thing as a late statutory declaration too, but it sound a bit difficult to arrange. One slight problem I am anticipating though is the fact that because I didn't know about the statutory decleration option, I paid the fine to the bailiffs, I think it might make things a bit complicated, but hopefully the court will be reasonable and understand that I didn't know it would affect my case and that I just wanted to stop the bailiffs from entering my home and seizing my stuff! So I think, but am not sure, that a refund must be issued, or something along those lines, and then a new out of court settlement payment has to be made to the DVLA, complicated, I know.

Oh, and of course I'm going to declare it.

I shall update my post as and when anything new happens, in the mean time I look forward to reading more encouraging posts. Thanks!

[goodfellow1]

I called the magistrates that had issued the original court fine and explained the situation. they said i can make a statutory decleration, which basically means i have to swear under oath that i hadn't received any of the DVLA and court letters, if that goes through they will reopen my case and there's a chance they could clear the case off my record (not sure yet). The court's legal team are going to contact me within the next two weeks. I was very disappointed that the bailiffs didn't tell me I could make that decleration when i first contacted them, I mean, I'm not a lawyer and how am I supposed to know that i had that option.

I was actually quite lucky, because you can make one of those declarations within the first 21 days of receiving the bailiff letter, I made the request on the 20th day, very marginal! But I think there is such a thing as a late statutory declaration too, but it sound a bit difficult to arrange. One slight problem I am anticipating though is the fact that because I didn't know about the statutory decleration option, I paid the fine to the bailiffs, I think it might make things a bit complicated, but hopefully the court will be reasonable and understand that I didn't know it would affect my case and that I just wanted to stop the bailiffs from entering my home and seizing my stuff! So I think, but am not sure, that a refund must be issued, or something along those lines, and then a new out of court settlement payment has to be made to the DVLA, complicated, I know.

Oh, and of course I'm going to declare it.

I shall update my post as and when anything new happens, in the mean time I look forward to reading more encouraging posts. Thanks!

It looks very promising that the magistrate court will look into it, you could instruct a solicitor to handle this matter for you if you can afford one or if you do qualify for legal aid, try to clear your name you seem to be a decent person this conviction might jeopardize jobs prospects and travelling abroad plans to countries such as the USA and Canada... also the chance of getting british passport,have you checked if the conviction appears on your CRB?

[captain_hindsight]

Just heard back from the magistrates court that I have been given a hearing next week to give my statutory deceleration. If the court agrees with my explanation then apparently a legal team will get in touch with all the relevant parties and start new proceedings, but more importantly the case will be cleared off my record. Wish me luck!

[goodfellow1]

Like I have said earlier that your case looks very promising,I am certain that you will clear your name and obtain your British citizenship, Good luck to you fella

[captain_hindsight]

Hi all,

So I finally went to the magistrates this morning to give a "statutory declaration". The process was very easy, they told me to be there at 10, I went there and went to the information desk, the lady attending the desk had my file ready. she took my file to court number 3 and 5 mins later i was called in. there were three judges (I'm not sure if they were judges) and one lady who was seated in front of the judges and was in charge of reading out the initial charges about not paying road tax, she then asked me if I have anything to say. before I could speak an usher (some guys in long black capes who take people in and out of the courtroom) made me read an oath to the court (the one where promise to tell the truth, the whole truth and nothing but the truth). I began by telling them I've written everything down and asked if it's OK if I simply read that back to them since I'm afraid I might forget some of the details due to the fact it's my first time in court and I'm quite nervous. I also mentioned I have four copies, so I can give each one of the judges a copy if they want one. They actually preferred to read the statement themselves. they read it and then looked at each other and nodded. The lady in charge of the court room asked them if they agreed with my request or not. they said they all agreed and then the lady said that they will erase this case off my record and then i signed a paper stating that everything I had told them was true and that was that! the whole thing didn't take more than ten minutes. it was that easy!

But here's the funny thing, yesterday I went to a firm called "public defenders", who are a bunch of legal experts and lawyers who work for free and give advice to people, and they said that it couldn't be done and that the court fine won't get erased off my record. They were wrong, and they were generally very negative. So people, don't listen to negative people, even if they sound as if they know exactly what they're talking about. Have hope and don't give up, ever!

Now I can apply for my naturalisation without having to worry about any convictions. if anyone would like a copy of my written statutory deceleration or has any question just email me. Good luck to you all.

[goodfellow1]

Hi all,

So I finally went to the magistrates this morning to give a "statutory declaration". The process was very easy, they told me to be there at 10, I went there and went to the information desk, the lady attending the desk had my file ready. she took my file to court number 3 and 5 mins later i was called in. there were three judges (I'm not sure if they were judges) and one lady who was seated in front of the judges and was in charge of reading out the initial charges about not paying road tax, she then asked me if I have anything to say. before I could speak an usher (some guys in long black capes who take people in and out of the courtroom) made me read an oath to the court (the one where promise to tell the truth, the whole truth and nothing but the truth). I began by telling them I've written everything down and asked if it's OK if I simply read that back to them since I'm afraid I might forget some of the details due to the fact it's my first time in court and I'm quite nervous. I also mentioned I have four copies, so I can give each one of the judges a copy if they want one. They actually preferred to read the statement themselves. they read it and then looked at each other and nodded. The lady in charge of the court room asked them if they agreed with my request or not. they said they all agreed and then the lady said that they will erase this case off my record and then i signed a paper stating that everything I had told them was true and that was that! the whole thing didn't take more than ten minutes. it was that easy!

But here's the funny thing, yesterday I went to a firm called "public defenders", who are a bunch of legal experts and lawyers who work for free and give advice to people, and they said that it couldn't be done and that the court fine won't get erased off my record. They were wrong, and they were generally very negative. So people, don't listen to negative people, even if they sound as if they know exactly what they're talking about. Have hope and don't give up, ever!

Now I can apply for my naturalisation without having to worry about any convictions. if anyone would like a copy of my written statutory deceleration or has any question just email me. Good luck to you all.

CONGRATULATION, but before you apply to the nationality and british citizenship try to get your CRB checked to see if the conviction has been removed, also you need to produce any evidential documents from the magistrate court regarding the removal of this conviction along with a cover letter explaining everything in details to the UKBA when you submit your AN application, you need to make sure that the conviction has been removed from your CRB otherwise you have to declare it if it is unspent,try to contact this organization http://www.nacro.org.uk/ they do probono charity work and help ex offenders also give advise regarding CRB and convictions they are really helpful. Good luck

[grantring]

And that is what is wrong with English law IMO you should have had the fine imposed you did not tax your car and you did not change your address both legal requirements for driving in the UK the i dont not know is not good enough this country is a joke when it comes to imposing law

[captain_hindsight]

@goodfellow1 thanks for the info, yes, i need to do all the things you mentioned.

@grantring all fines were paid (and even more, since i should have received a refund for the bailiff charges, which i forfeited since i don't have the time to pursue the matter further). no fines were quashed by my statutory declaration, all it resulted in was a rewind to the original fine; the DVLA has to send out the fine letter again, which needs to be paid (i have already paid it after receiving the bailiff notice and realising that there was a second part to the original fine). whether or not the DVLA wants to issue another separate fine for not informing them of my change of address is up to them now. if they do, they're within their rights and it wouldn't be something that i would object to, or dispute. the most important outcome of the stat dec for me was that once it was accepted, the first court ruling is dismissed. statutory decelerations are a fair and essential part of the law. so what is actually a joke is you jumping to conclusions without any facts.

[grantring]

@goodfellow1 thanks for the info, yes, i need to do all the things you mentioned.

@grantring all fines were paid (and even more, since i should have received a refund for the bailiff charges, which i forfeited since i don't have the time to pursue the matter further). no fines were quashed by my statutory declaration, all it resulted in was a rewind to the original fine; the DVLA has to send out the fine letter again, which needs to be paid (i have already paid it after receiving the bailiff notice and realising that there was a second part to the original fine). whether or not the DVLA wants to issue another separate fine for not informing them of my change of address is up to them now. if they do, they're within their rights and it wouldn't be something that i would object to, or dispute. the most important outcome of the stat dec for me was that once it was accepted, the first court ruling is dismissed. statutory decelerations are a fair and essential part of the law. so what is actually a joke is you jumping to conclusions without any facts.

The Joke is the rewind on the fine you did not change your address and thats why you did not get the letter they sent no facts needed you have given all the info

[captain_hindsight]

@grantring i've explained everything in plain english, not my problem if you "don't want to" understand. in any case, i've posted my story here so it might help out some other person in a similar situation, your moronic and negative opinions are not appreciated here. although, i do feel i'm partly to blame, i shouldn't have fed the troll in the first place.

[grantring]

your the joke next we will be seeing you on Road wars saying i have insurance officer i pay by direct debit and it will turn out you have removed the direct debit and had your insurance cancelled and your car will be taken by the cops.

You make yourself out to be a victim in this matter when its clear your the only problem in this case

There is no reason to

Drink drive
dont tax
dont insure
talk on your phone

and you think you should get BC when you have broken the law!!!!!