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Do I have declare DVLA penalty

Posted: Tue Jan 12, 2021 10:54 pm
by t4ure4n
Hi
I am applying for British Citizenship as a spouse of British citizen.

I had received a penalty from DVLA for untaxed vehicle (road-tax issue) in December 2018 which I had promptly paid in full.

My question is, do I need to declare this under "Convictions and other penalties" section of the online application form? Can this be used against me to refuse my application?
Many thanks

Re: Do I have declare DVLA penalty

Posted: Tue Jan 12, 2021 11:42 pm
by CULLINAN
Was it identified on sight? Did police pull you over? Or you got a Late Licensing Penalty in the post - detected by DVLA register?

Re: Do I have declare DVLA penalty

Posted: Wed Jan 13, 2021 8:02 am
by t4ure4n
CULLINAN wrote:
Tue Jan 12, 2021 11:42 pm
Was it identified on sight? Did police pull you over? Or you got a Late Licensing Penalty in the post - detected by DVLA register?
No I wasn’t driving and police was not involved.

The car was declared SORN because it was broken down and parked at friends drive way. On that day, He dropped it off and called me that he needed his drive way clear for something.so I immediately got home and while I was paying for the road Tax online. I heard noise so I went out and DVLA enforcement guy (from mobile camera can) was clamping my car. I explained it to him what has happened. So left without clamping. Few days later, I received this penalty notice in the post. And I just paid it as I didn’t want to create trouble.

The car was spotted by DVLA mobile camera van at 15:02 and Tax was paid at 15:06. That’s like within 4 minutes. And it was a mistake not a deliberate attempt to ignore the law but I still paid the fine.

Re: Do I have declare DVLA penalty

Posted: Wed Jan 13, 2021 11:19 am
by CULLINAN
No issues. This will not impact your Naturalisation. Probably you got an OCS letter? Anyways, since you were not taken to court, you have no issues as this did NOT result in a criminal offence. Just declare it but it will have NO impact on your AN.

Offence/Penalty:
Using or keeping an untaxed vehicle on a public road with a SORN in force
Identification:
Offence identified from ‘on road’ sighting
Enforcement action:
Out of Court Settlement (OCS) letter issued.
OCS set at £30 plus twice the outstanding vehicle tax.
If settlement is not paid, as a criminal offence the case may be pursued via the Magistrates Court. Penalty is the greater of £2,500 or five times the amount of tax chargeable.
Vehicle may be clamped.
Legal Reference:
The Vehicle Excise and Registration Act 1994 (VERA) (as amended). Section 29 and Schedule 2A of the Act applies.
Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997.

Re: Do I have declare DVLA penalty

Posted: Wed Jan 13, 2021 1:39 pm
by t4ure4n
CULLINAN wrote:
Wed Jan 13, 2021 11:19 am
No issues. This will not impact your Naturalisation. Probably you got an OCS letter? Anyways, since you were not taken to court, you have no issues as this did NOT result in a criminal offence. Just declare it but it will have NO impact on your AN.

Offence/Penalty:
Using or keeping an untaxed vehicle on a public road with a SORN in force
Identification:
Offence identified from ‘on road’ sighting
Enforcement action:
Out of Court Settlement (OCS) letter issued.
OCS set at £30 plus twice the outstanding vehicle tax.
If settlement is not paid, as a criminal offence the case may be pursued via the Magistrates Court. Penalty is the greater of £2,500 or five times the amount of tax chargeable.
Vehicle may be clamped.
Legal Reference:
The Vehicle Excise and Registration Act 1994 (VERA) (as amended). Section 29 and Schedule 2A of the Act applies.
Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997.
Yes it was out court settlement for £120.
Is there any template for cover letter which I can use to explain this, plus additional which you have suggested in my second thread.

Re: Do I have declare DVLA penalty

Posted: Wed Jan 13, 2021 1:40 pm
by CULLINAN
Simply state in two lines. No template needed.

Re: Do I have declare DVLA penalty

Posted: Wed Jan 13, 2021 1:41 pm
by t4ure4n
Okay. Thanks for clarification