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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My 18 year old son had his driving license revoked after he

Resolved Question:

My 18 year old son had his driving license revoked after he received six points for driving his father's car with inappropriate insurance. Both son and father thought the son's insurance allowed him to do this. It didn't. The police officer reassured my son that he would not lose his license but just pay a fine and get six points. If we had been aware of the young driver/under two year provision contained in the Road Traffic (new drivers) Act 1995 we would have gone to court and attempted to obtain a higher fine and three points. As a result of the police officer's ignorance, and our own, my son has not only lost his license but has to redo his driving test. My question is this. How can we appeal this decision and get a court to 1) lower the number of points/increase the fine, thereby undoing the revocation of the license and 2) inform DVLA to return my son's license so that he doesn't have to re-sit his driving test.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Expert:  Jo C. replied 3 years ago.
Hi

Sorry for the glitch above.

On what basis are you hoping to appeal?

You seem to accept the offence?
Customer: replied 3 years ago.

Yes, we accepted the conditional offer of affixed penalty, paid £300 and accepted the 6 points. But we didn't realise this would result in a revocation of his license. If I had known this I would not have accepted the conditional offer of affixed penalty and gone to court to ensure he didn't receive six points. I want to know if I can now undo this state of affairs

Expert:  Jo C. replied 3 years ago.
No, I understand that but how are you hoping this will help?

Have you had any advice from anybody about the mandatory nature of points and revocation?
Customer: replied 3 years ago.

No, you are the first person I have spoken with. I'm looking for a way of getting a court to 'undo' this situation. It may be that having accepted the Fixed Penalty offer there is nothing more I can do

Expert:  Jo C. replied 3 years ago.
Ok. It is bad news but its not really something you could have influenced.

No insurance is an offence of strict liability. Either you are insured or your are not. He was not. The minimum number of points for no insurance is 6 so even if you had gone to court he would still have got the same number of points.

The only way to challenge that would have been to argue that special reasons apply not to add points which, quite frankly, you would have lost and been made to pay costs so your decision was probably, in the long run, the right one.

Nevertheless, you cannot appeal a fixed penalty. The nature of fixed penalties have been quite heavily considered by the Court of Appeal because they seem to breach the Magna Carta. The decisions have basically said that they are lawful because they can always be refused and the matter taken to court.

Once you have accepted them you cannot revived the matter. You can actually appeal a guilty plea at court but essentially its on the basis that your guilty plea was not unequivocal and there are lots of risks in that. In any event, it doesn't apply.

The only challenge is to judicially review the decision to offer an FPN which would cost thousands and has no real basis here because he was uninsured.

In terms of the revocation, the young driver's scheme is mandatory. There are no discretions. Even if you had taken this to court he would still have been revoked because it applies upon receipt of 6 points as night follows day. There is no exceptional hardship test.

It is very unfair and its disappointing the officer gave you the wrong advice but even if you had done things differently it would not have made any difference in practice I'm afraid.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69779
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Customer: replied 3 years ago.

Thanks Jo, that is very helpful. It seems accepting the fixed penalty was the right decision. At least I don't have to worry now about whether I did the right thing and what else could be done Have a good weekend.

Expert:  Jo C. replied 3 years ago.
Yes, it almost certainly was.

The only thing that you could have done was to go to court and argue special reasons which you probably would have lost and then had to pay costs and face the same situation anyway.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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