Free Traffic Legal Advice

This is a criminal matter, just holding up your hands and saying you know you are committing an offence doesn't give you any immunity from prosecution.

You had plenty of time to have the battery replaced and moved the vehicle. Suggest you plead guilty as nothing you have said is going to form any part of a defence.

I understand the general point about the offence being strict.

Just to clarify, I’m not suggesting that simply contacting DVLA prevents liability.

My concern is more specific to the facts of this case:

• I submitted a written representation to DVLA on 28 Nov explaining the situation, which was acknowledged
• The vehicle was then clamped and removed on 5 Dec
• DVLA later issued a penalty notice stating that no valid response had been received

The letter I have now received appears to proceed on that basis. I’ve attached it here:
https://storage.to/HkQGDMDpi

I’ve highlighted the key section (page 5) which states that no written reply had been received.

So my question is whether that apparent inconsistency — between DVLA acknowledging receipt and then later stating no response was received — has any bearing on how this should be approached in the SJP, rather than disputing the general rule itself.

That info from DVLA is correct - but missing perhaps the additional information that if on the road the car must be taxed and insured. You haven't told us what offence DVLA is pursuing you for, nor the timeline.  However, in general these cases are black and white - on the road + no tax = problem, no tax or SORN in place = problem, or taxed + no insurance in place = problem. They don't even have to see it - the computer adds 2+2 and spits out the fine.

Thanks, that makes sense in general.

To clarify the specific position in my case:

• The vehicle was on the road and not taxed at the relevant time (I understand that point)
• However, I had already submitted a written representation to DVLA on 28 Nov explaining the situation (vehicle immobile, etc.), which was acknowledged
• Despite that, the vehicle was clamped and removed on 5 Dec
• I then submitted a formal follow-up/appeal via the DVLA online system on 10 Dec

So my concern is less about the underlying rule, and more about whether enforcement action was taken despite an ongoing representation/appeal.

I would appreciate any views on whether that affects how this should be approached in the SJP.

Hi all,

I would really appreciate some guidance on a DVLA Single Justice Procedure Notice I have received.

Timeline:

• 28 Nov 2025 – I submitted a full written representation to DVLA (case ref 2529128) explaining that:
– the vehicle was immobile due to battery failure
– I had an active Direct Debit which was not collected
– I had been advised incorrectly regarding SORN requirements

• DVLA acknowledged receipt

• 5 Dec 2025 – The vehicle was clamped and removed despite that representation

• 10 Dec 2025 – I submitted a formal follow-up/appeal via the DVLA online system (accepted and acknowledged)

• Dec–Jan – I received generic responses but no clear confirmation that my appeal was being properly processed

• 2 Jan 2026 – DVLA issued a penalty notice alleging no valid response

• Now – I have received a Single Justice Procedure Notice

Key issue:

The DVLA witness statement says no reply was received, which is factually incorrect as I have acknowledgements of my submissions.

Key points:

• I did engage and respond before enforcement action
• The vehicle was immobile and not being used
• I relied on incorrect DVLA guidance regarding SORN
• Enforcement action appears to have proceeded despite my representation

Questions:

Does this sound like a defensible “not guilty” position?
Should I rely on the earlier representations as my defence?
Is there anything specific I should include or avoid in the SJP response?

Any guidance would be greatly appreciated.

Happy to upload the SJPN or any specific pages if that would help.

Thank you.

Hello senior members - apologies - did anyone get a chance to view this latest post ? Any inputs would be much appreciated thanks

Hi mrmustard, thank you for your offer of help and for watching my thread. I appreciate your willingness to assist pro bono and your impressive success rate. I'd like to take this opportunity to thank everyone who has contributed to this thread, including John U.K. and H C Andersen and stamfordman, for their advice and support. I'm sorry for the delay in responding - yesterday was a challenging day as I was in the hospital with my father. I'll definitely keep your offer in mind and email you once I receive the Notice to Owner. Thank you again for your support.

thanks - I did submit it to them in the first account - but they totally seem to have disregarded it

https://ibb.co/Tq1K4XMK

are we able to submit another (These being:
You weren't there to move the car. You had not planned to remain at the hospital but that due to the circumstances(which you will set out) you could not return to move your car.

And, as it happens, the battery or whatever was flat therefore even if you had returned it is questionable whether you could have arranged to move the car in time.)

or do i have to wait for the next stage

hi @John -please see below a direct print from the Newham website - thanks,

https://ibb.co/Wvs5gq0V