Vehicle Excise and Registration Act 1994 section 55

Guilty plea by absent accused

Section 55 deals with what happens when a person is convicted in their absence of using or keeping an unlicensed vehicle, or of a failed vehicle excise duty payment, and a notice has been served warning them of the additional financial liability they face on conviction.

• When a person is convicted in their absence of an unlicensed vehicle offence or a failed payment offence, and a relevant notice was served with the summons or written charge, the court can impose the additional liability amount stated in that notice.
• The "relevant notice" is a document served alongside the summons or written charge, telling the accused the specific amount the court will be asked to order them to pay if they are convicted — this amount corresponds to the additional liability under section 30 (for unlicensed vehicle offences) or section 36 (for failed payment offences).
• The court treats the amount specified in the relevant notice as if it were the amount properly calculated under the applicable additional liability provision, and proceeds to order payment accordingly.
• The accused can prevent the court from imposing the stated amount by notifying the court — either through the guilty plea procedure or through the single justice procedure — that the amount specified in the relevant notice is inappropriate.

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