Hello my name is ***** ***** I will help you with this.
Did you change the V5 after you had the FPN please?
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
Ok - what you can't do is drive at the moment. Your licence has been suspended
But what you must do is get an urgent appointment at the Magistrates Court and make a statutory declaration
That is declare that you knew nothing of the proceedings.
my license hasnt been suspended at all..
If accepted the previous decision will be set aside and your licence reinstated
So its not been revoked its just got points?
If that is the case you can still drive assuming you have had your licence for more than 2 years.
But you need to make a stat dec
If accepted the matter will be set aside and the points squashed.
But the Police will be free to start proceedings again from scratch
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.
But make an urgent appointment to have a statutory declaration before the Court
If granted the points are wiped off
Can I clarify anything for you about this today please?
it worries me that you seem to have not even read the first line of my query!
Forgive me, I misread it that it has been revoked as a result of 6 points.
But as I have said, you need to call the Court tomorrow and make a statutory declaration
It may not be tomorrow you are fitted in but a few days,
But once it is made and assumed accepted by the Court the matter is started again
So the points and any fine gone
But the Police are free to start proceedings fresh
I assume they will lay the charges against for failure to provide information, otherwise known as a S.172 offence
You can then enter a not guilty plea and the matter will proceed to trial
The Court will then decide whether you are guilty or not guilty.
But the stat dec sets the matter aside.
i believed i to be the case that proceedings had to be started within 6 months of the alleged offence?
Yes that is correct.
But it will be the date of information you will be concerned about
But if you make a stat dec then the 6 months time limit goes away
You in effect waive your right to that
Can I clarify anything else for you about this today please?
Do you understand the process and what is involved etc?
so basically, despite the fact that they have sent all information to the wrong place and not followed procedure, i have no recourse?
You make a statutory declaration. That sets the matter aside.
The Police then may or may not start it again
You can show that you sent it back with your new address. I assume they will have that on record.
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
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.
Generally when there is a stat dec and proceedings are set aside, generally they do not pursue them
Does that help?
at they are claiming is that i did not provide driver information which, i assume, means they have no record of it
But if you know you sent it back and roughly what date that is enough
I dont suppose you kept a copy or proof of posting - that would have helped.
All you can do at this stage is a stat dec and then see what, if anything, comes of it
That gets the points off your licence.
No proof of posting as it was returned via standard post
Ok - but you know you sent it. They would have to prove you did not
Non receipt is not enough
ok, and i assume the fact that this botice has come to my new address wiuld work in my favour?
Otherwise how would they know?
as i thought. i am not completely clear how their system of finding driver info works and how the error may have occurred
Generally they contact the DVLA to send out the original NIP
That is how its work. I assume they got your new address from the NIP you returned.
so its more than likely to be human error, with someone failing to yodate the info?
By the sound of it yes. So you would get the benefit of that doubt
i think so, thanks
Can I clarify anything else for you today?
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?
No forget speeding it is only failure to provide.
That is it. Speeding has gone.
so as they chose to go with the failure to provide, the second charge dosnt exist anymore?
sorry, just want to be absolutely clear
Speeding has gone
It will only be failure to provide
Which is not easy to prove if i maintain that the documents were returned?
Easier that speeding yes
easier than speeding?
no not really!
Ok - what else do you want to know?
how would it be easier for them to prove i failed to provide than to prove i was speeding?
We have spoken for some time. I have given you the details of how to make a statutory declaration
Because you know that you posted it back
As for speeding they simply have a calibrated device and video/photo
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
Oh sorry the wrong way round
Not easy to prove failure to provide - that is correct
ok, thank you
Can I clarify anything else for you?
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