The DVLA has said a criminal prosecution against mayor of London Sir Sadiq Khan will be withdrawn after he was convicted of not taxing a 24-year-old Nissan Micra.

The Labour politician, 55, was found guilty of keeping an unlicensed vehicle by a magistrate last month in a criminal prosecution brought by the DVLA.

Court documents show letters addressed to the mayor about the unpaid tax bill were sent to Gordon Ramsay’s east London restaurant and the car did not belong to the mayor.

A spokesperson for the mayor said: “This is a scam, which is a crime. It’s not the first time the mayor has been victim of a scam involving people falsely stating that Sadiq is the owner of a vehicle.”

The mayor’s adviser told BBC London earlier that the DVLA was “urgently” looking into reopening the case and withdrawing the prosecution.

The DLVA said the withdrawal had been accepted but it needed to be formally reopened and withdrawn, which will be done at a hearing at Hereford Magistrates’ Court on Thursday.

The DVLA will also investigate the false registration, the adviser said.

The magistrate, sitting in a private hearing of the Single Justice Procedure in Herefordshire, previously convicted Khan in his absence and ordered that he pay a £220 fine, £85 in costs, and settle the £35.84 bill for unpaid tax on the Micra.

After the mayor expanded the Ultra Low Emission Zone (Ulez) to cover the whole of London he faced a wave of protests, including from motorists who said they planned to register their car in his name – supposedly to make him liable for the £12.50 daily charge.

Court records show Khan was prosecuted by the DVLA after the annual tax on the blue Nissan Micra, which was first registered in 2002, ran out in September last year.

The DVLA said the vehicle was spotted untaxed on 24 January and told the court that his name and date of birth appeared against the car on official records held by the government.

The agency said a letter asking for confirmation of the identity of the car owner, which was sent to the wrong address, went unanswered in January, leading to a criminal prosecution on 18 August after no plea was entered to the charge.

The court also sent a record of conviction to the Gordon Ramsay restaurant, ordering Khan to pay the £340.84 court bill within 28 days or face the prospect of increased fines, bailiffs, or even “a warrant for your arrest to bring you to court”.

Defendants who believe they have been wrongly convicted of a crime in their absence can apply for the case to be reopened, typically by appearing in person in front of a judge to make a statutory declaration.

Khan could argue that he did not know about the criminal case because the letters were addressed to the wrong building.

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