Motorist fined nearly £40,000 for forgetting to tax his car

Motorist fined nearly £40,000 for forgetting to tax his car

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Dave _

Original Poster:

106 posts

133 months

Wednesday 12th February
quotequote all
https://www.standard.co.uk/news/crime/motorist-fin...
Standard said:
A City worker has been fined nearly £40,000 for forgetting to pay the tax on his car for just over a month.

Sam Fisher, 30, faced prosecution by the DVLA this month over £50 of tax which had gone unpaid on his Range Rover.

A magistrate sat in private to decide on the case, in the Single Justice Procedure, and concluded Mr Fisher must pay an eye-watering £39,769 fine for the slip-up.
Court papers reveal Mr Fisher’s car had been spotted parked on the road near to his home in Barnes, south-west London, in August when the annual tax bill had not been paid.

Mr Fisher wrote in to explain his mistake, while pleading guilty to a charge of keeping a vehicle without a valid vehicle licence.
There must be a lot missing from this report.

devnull

3,837 posts

171 months

Wednesday 12th February
quotequote all
is the fine means tested?

98elise

29,537 posts

175 months

Wednesday 12th February
quotequote all
devnull said:
is the fine means tested?
Even if it is, nobody should get a 40k fine for no tax.

simon_harris

2,075 posts

48 months

Wednesday 12th February
quotequote all
that seems excessive

snotrag

15,161 posts

225 months

Wednesday 12th February
quotequote all
98elise said:
devnull said:
is the fine means tested?
Even if it is, nobody should get a 40k fine for no tax.
Kind of depends on your means, right?

If a 40k fine to that guy is 'equivalent' to me being fined £500 or so, then why not...?

Dave _

Original Poster:

106 posts

133 months

Wednesday 12th February
quotequote all
devnull said:
is the fine means tested?
Not according to the .gov website.


https://www.gov.uk/government/publications/vehicle...

.gov.uk said:
An out of court settlement (OCS) letter issued.
OCS set at £30 plus one and a half times the outstanding vehicle tax. If the OCS is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The penalty is either £1,000 or five times the amount of tax chargeable, whichever is greater.

MadCaptainJack

1,182 posts

54 months

Wednesday 12th February
quotequote all
Surely there has to be more to this? Maybe a clerical error that added a couple of zeroes to the fine?

sidekickdmr

5,160 posts

220 months

Wednesday 12th February
quotequote all
Could it be a typo by the court?

"The DVLA said on Wednesday that its officials had spotted the unusually high fine and flagged it as being outside the maximum allowable penalty."

should have been £397.69? biglaugh

trickywoo

12,888 posts

244 months

Wednesday 12th February
quotequote all
Seems to be a level 5 fine which are unlimited in magistrates court.

Examples include:
manufacture, import and sale of realistic imitation firearms - maximum penalty of 6 months in prison or a Level Five fine
selling, supplying, offering to supply and hiring products to persons under 18, such as adult fireworks, crossbows/knives/axes/blades - maximum penalty of 6 month in prison or a Level Five fine
sale of alcohol to children - maximum penalty of 6 months in prison or a Level Five fine
unauthorised sale of (football) tickets - maximum penalty of 6 months in prison or a Level Five fine
harassment (without violence) - maximum penalty of 6 months in prison or a Level Five fine)
making false statement or representation to obtain social security benefit - maximum penalty of 3 months in prison or a Level Five fine
failure to comply with an improvement notice to ensure properties are safe and habitable – maximum penalty of a Level Five fine

None of that seems to align with forgetting road tax for a month.

Wills2

25,882 posts

189 months

Wednesday 12th February
quotequote all

Well I can't see that standing:

The DVLA said on Wednesday that its officials had spotted the unusually high fine and flagged it as being outside the maximum allowable penalty.

The agency has made an application to the court for the case to be re-opened, so that the sentence can be considered afresh.

Utter madness.


Aretnap

1,844 posts

165 months

Wednesday 12th February
quotequote all
Dave _ said:
devnull said:
is the fine means tested?
Not according to the .gov website.


https://www.gov.uk/government/publications/vehicle...

.gov.uk said:
An out of court settlement (OCS) letter issued.
OCS set at £30 plus one and a half times the outstanding vehicle tax. If the OCS is not paid, as a criminal offence the case may be pursued through the magistrates’ court. The penalty is either £1,000 or five times the amount of tax chargeable, whichever is greater.
That's referring to the maximum penalty. The actual fine will have an element of means-testing, but cannot be greater than the maximum however much you earn.

Aretnap

1,844 posts

165 months

Wednesday 12th February
quotequote all
trickywoo said:
Seems to be a level 5 fine which are unlimited in magistrates court.

Examples include:
manufacture, import and sale of realistic imitation firearms - maximum penalty of 6 months in prison or a Level Five fine
selling, supplying, offering to supply and hiring products to persons under 18, such as adult fireworks, crossbows/knives/axes/blades - maximum penalty of 6 month in prison or a Level Five fine
sale of alcohol to children - maximum penalty of 6 months in prison or a Level Five fine
unauthorised sale of (football) tickets - maximum penalty of 6 months in prison or a Level Five fine
harassment (without violence) - maximum penalty of 6 months in prison or a Level Five fine)
making false statement or representation to obtain social security benefit - maximum penalty of 3 months in prison or a Level Five fine
failure to comply with an improvement notice to ensure properties are safe and habitable – maximum penalty of a Level Five fine

None of that seems to align with forgetting road tax for a month.
Motoring offences for which a level 5 fine applies include driving without insurance, which is not a million miles away from driving without tax in terms of severity.

The maximum fine for driving without tax however is level 3 (£1000) or five times the amount of tax due, whichever is greater. So unless the car is somehow in an absurdly high tax band all of its own there has clearly been a mistake on the part of the court.

Oilchange

9,216 posts

274 months

Friday 14th March
quotequote all
Driving without insurance is much more serious than without tax.

Without tax should be just a slap on the wrist, it's largely meaningless except to the treasury!