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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I received this morning a notice stating my driving license

Customer Question

I received this morning a notice stating my driving license had been endorsed with 6 penalty points as a result of a court hearing on 09/10/14 - of which i have no knowledge! no other information was given.
after a little digging I was able to find that this related to a fixed penalty speeding notice from april this year, the allegations being that i failed to provide driver information. i returned driver details soon after and have heard nothing until now. the original notice was sent to my previous address but, on 30/04/14 i moved house. details of the new address were given on the returned FPN and i changed the address on both my licence and vehicle logbook...the very fact that the notice of the endorsement was sent to my new address means, to me, that they are fully aware of it!
my question is how valid is said endorsement - i have received mo communication between april and now, had no idea that there was to be a court hearing and so obviously the matter was dealt with in my absence without me having the opportunity to put forward any defence
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you change the V5 after you had the FPN please?

JACUSTOMER-mvwb4cr7- :

the FPN was received towards the end of april and the logbook changed in the first seek of may, however when i returned the form providing driver details, i inuded details of my new address

Alex Watts :

Ok - what you can't do is drive at the moment. Your licence has been suspended

Alex Watts :

But what you must do is get an urgent appointment at the Magistrates Court and make a statutory declaration

Alex Watts :

That is declare that you knew nothing of the proceedings.

JACUSTOMER-mvwb4cr7- :

my license hasnt been suspended at all..

Alex Watts :

If accepted the previous decision will be set aside and your licence reinstated

Alex Watts :

So its not been revoked its just got points?

Alex Watts :

If that is the case you can still drive assuming you have had your licence for more than 2 years.

Alex Watts :

But you need to make a stat dec

Alex Watts :

If accepted the matter will be set aside and the points squashed.

Alex Watts :

But the Police will be free to start proceedings again from scratch

Alex Watts :

Also a word of warning, if you say on oath you did not know about proceedings and it turns out you did know about it, then you could face perjury or contempt of Court.

Alex Watts :

But make an urgent appointment to have a statutory declaration before the Court

Alex Watts :

If granted the points are wiped off

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mvwb4cr7- :

it worries me that you seem to have not even read the first line of my query!

Alex Watts :

Forgive me, I misread it that it has been revoked as a result of 6 points.

Alex Watts :

But as I have said, you need to call the Court tomorrow and make a statutory declaration

Alex Watts :

It may not be tomorrow you are fitted in but a few days,

Alex Watts :

But once it is made and assumed accepted by the Court the matter is started again

Alex Watts :

So the points and any fine gone

Alex Watts :

But the Police are free to start proceedings fresh

Alex Watts :

I assume they will lay the charges against for failure to provide information, otherwise known as a S.172 offence

Alex Watts :

You can then enter a not guilty plea and the matter will proceed to trial

Alex Watts :

The Court will then decide whether you are guilty or not guilty.

Alex Watts :

But the stat dec sets the matter aside.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-mvwb4cr7- :

i believed i to be the case that proceedings had to be started within 6 months of the alleged offence?

Alex Watts :

Yes that is correct.

Alex Watts :

But it will be the date of information you will be concerned about

Alex Watts :

But if you make a stat dec then the 6 months time limit goes away

Alex Watts :

You in effect waive your right to that

Alex Watts :

Can I clarify anything else for you about this today please?

Alex Watts :

Do you understand the process and what is involved etc?

JACUSTOMER-mvwb4cr7- :

so basically, despite the fact that they have sent all information to the wrong place and not followed procedure, i have no recourse?

Alex Watts :

Yes,

Alex Watts :

You make a statutory declaration. That sets the matter aside.

Alex Watts :

The Police then may or may not start it again

Alex Watts :

You can show that you sent it back with your new address. I assume they will have that on record.

Alex Watts :

If the Police chose to and it is a matter for them - they can issue proceedings again and it has to go through the Court process

Alex Watts :

However I would be hopeful given your new address and I assume they have the original NIP on file that they would not pursue proceedings.

Alex Watts :

Generally when there is a stat dec and proceedings are set aside, generally they do not pursue them

Alex Watts :

Does that help?

JACUSTOMER-mvwb4cr7- :

at they are claiming is that i did not provide driver information which, i assume, means they have no record of it

Alex Watts :

But if you know you sent it back and roughly what date that is enough

Alex Watts :

I dont suppose you kept a copy or proof of posting - that would have helped.

Alex Watts :

All you can do at this stage is a stat dec and then see what, if anything, comes of it

Alex Watts :

That gets the points off your licence.

JACUSTOMER-mvwb4cr7- :

No proof of posting as it was returned via standard post

Alex Watts :

Ok - but you know you sent it. They would have to prove you did not

Alex Watts :

Non receipt is not enough

JACUSTOMER-mvwb4cr7- :

ok, and i assume the fact that this botice has come to my new address wiuld work in my favour?

Alex Watts :

Yes indeed.

Alex Watts :

Otherwise how would they know?

JACUSTOMER-mvwb4cr7- :

as i thought. i am not completely clear how their system of finding driver info works and how the error may have occurred

Alex Watts :

Generally they contact the DVLA to send out the original NIP

Alex Watts :

That is how its work. I assume they got your new address from the NIP you returned.

JACUSTOMER-mvwb4cr7- :

so its more than likely to be human error, with someone failing to yodate the info?

Alex Watts :

By the sound of it yes. So you would get the benefit of that doubt

Alex Watts :

Does that help?

JACUSTOMER-mvwb4cr7- :

i think so, thanks

Alex Watts :

Can I clarify anything else for you today?

JACUSTOMER-mvwb4cr7- :

the original notice was for a speeding offence - obviously as the prosecution went ahead for failing to provide driving information the speeding charge was withdrawn. if proceedings were to start fresh would they be able to bring back the original offence or could they only go ahead with the failure to provide?

Alex Watts :

No forget speeding it is only failure to provide.

Alex Watts :

That is it. Speeding has gone.

Alex Watts :

Does that help?

JACUSTOMER-mvwb4cr7- :

so as they chose to go with the failure to provide, the second charge dosnt exist anymore?

JACUSTOMER-mvwb4cr7- :

sorry, just want to be absolutely clear

Alex Watts :

Correct

Alex Watts :

Speeding has gone

Alex Watts :

Forget that

Alex Watts :

It will only be failure to provide

JACUSTOMER-mvwb4cr7- :

Which is not easy to prove if i maintain that the documents were returned?

Alex Watts :

Easier that speeding yes

Alex Watts :

Does that help?

JACUSTOMER-mvwb4cr7- :

easier than speeding?

Alex Watts :

Yes

Alex Watts :

Does that help?

JACUSTOMER-mvwb4cr7- :

no not really!

Alex Watts :

Ok - what else do you want to know?

JACUSTOMER-mvwb4cr7- :

how would it be easier for them to prove i failed to provide than to prove i was speeding?

Alex Watts :

We have spoken for some time. I have given you the details of how to make a statutory declaration

Alex Watts :

Because you know that you posted it back

Alex Watts :

As for speeding they simply have a calibrated device and video/photo

JACUSTOMER-mvwb4cr7- :

yes - what i asked was that its not easy for them to prove failure to provide, to which you said that woukd be easier than to prove speeding

Alex Watts :

Oh sorry the wrong way round

Alex Watts :

Not easy to prove failure to provide - that is correct

JACUSTOMER-mvwb4cr7- :

ok, thank you

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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