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Evening Standard
Evening Standard
National
Tristan Kirk

Mother grieving death of her baby faces criminal conviction over unpaid car insurance

A heartbroken mother has been convicted of not paying for insurance on a car she could not drive, just weeks after her baby tragically died from a heart defect.

The 26-year-old faced a criminal prosecution from the DVLA this month, after it was spotted in January that the bill on her Audi had gone unpaid.

The woman sent an apologetic letter to the court, detailing how she had been in mourning at the time and also battling her own serious medical difficulties.

“In November 2024, I tragically lost a baby due to a heart defect”, she wrote.

She said she had to have surgery in the same month, and suffered “complications” which left her unable to work until June.

“During this period, I was medically unfit to drive, and the vehicle in question remained stationary on my driveway from November onwards”, she said.

“I genuinely did not realise that I was still legally obligated to insure a vehicle that was not being used or driven.”

The woman, from Newcastle, told the court she had to pay a separate £77 fine for not paying tax on the vehicle while it was out of use, having failed to realise she needed to declare the vehicle “off road”.

She went on to reveal that she is now pregnant again and struggled with the “shock” of court papers arriving at her home last month.

“I am currently in the first trimester of pregnancy, and receiving this court notification has come as a complete shock”, she wrote.

I am not someone who intentionally breaks the law...This has been a difficult and emotional time

“It has caused me significant anxiety and distress, particularly in light of my recent loss and ongoing health issues.

“I have struggled to sleep and remain worried about the outcome.

“I would like to stress that I am not someone who intentionally breaks the law. This has been a difficult and emotional time, and I truly regret the oversight.

“I am currently on maternity pay, and while any fine would be a financial strain, I will do my best to comply with any penalty imposed.”

The prosecution was brought through the Single Justice Procedure, a controversial fast-track court process which is currently under government review.

Prosecutors – like the DVLA – do not routinely see mitigation letters due to the design of the court system. Therefore, they often miss the chance to withdraw cases that are not in the public interest.

A damning report released on Monday by think tank Transform Justice details how the SJP system is in need of urgent reform, and dishes out harsh justice to vulnerable defendants.

The DVLA itself has urged the government to make changes to the SJP system so that prosecutors always see mitigation before cases go to court. But ministers have been slow to act following a consultation which ended two-and-a-half months ago.

The young mother from Newcastle pleaded guilty online to a charge of keeping a vehicle which did not meet insurance requirements. She was spared a fine by a magistrate sitting in Northampton, who handed her a three-month conditional discharge instead. She will, however, still receive a criminal conviction, and must also pay a £26 court fee.

The government says it is looking at “what more can be done to support vulnerable defendants”. It has also claimed that no miscarriages of justice have ever been recorded due to the Single Justice Procedure.

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