summons - what next, any ideas

[tintern]

my partner was pulled for no tax and mot (oversite on our part). This was four months ago and he has just received a summons for no tax. Does anyone know whether we can expect another summons for the MOT part - He did get both tax and MOT within the week for producing but still taking him to court. would love to hear from anyone who has experienced similar, may put our minds at rest. Cheers All J

[Dwight VanDriver]

What you have to bear in mind on these circumstances is that two prosecution protocols are involved. DVLA and Police CPS.

No Excise Licence is a revenue offence and authorisation for prosecution has to come from Sec of State (DVLC).CPS authorise on no MOT.

I would summise that authorisation has been returned to CPS Prosecution Dept where one of two things has happened.

1. CPS has binned the MOT Offence. Had it expired less than a month? Current one afterwards produced? If this is the case they may well have binned it.

2. CPS have not married up the returned authorisation with the case papers for no MOT and have not as yet issued summnons for that offence.

CPS have to lay an information re MOT offence within 6 months of coming to the notice of prosecutor but if this is done in time they can serve a summons after this.

Sorry to be vague but to clear the air you may consider contacting CPS to see what happended to the MOT offence.

DVD

[tintern]

thanks very much - may well contact CPS to see if anything happening to MOT offence. Still worried though. j