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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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There. Last Friday (1st April) a Bailiff turned up at my

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Hi there. Last Friday (1st April) a Bailiff turned up at my son's house to collect an outstanding debt for Council Tax. Once that was settles, the Bailiff returned and said that my son was due in Court the following week for a motor offence and for not providing his information. This was a complete shock - we knew nothing about it. However, my son rang the Court who confirmed that he was due on Tues 5th April for the traffic offence (speeding) and on the 19th April for not providing information. Even though we knew nothing about any of this until this point, arrangements were made and we attended Magistrates Court.
Prior to this point, my son had incurred 3pts on his licence for speeding offence 2.5 years ago.
At Court, we explained that we hadn't been informed about this offence. And because of the time/location of the offence, my son pleaded guilty to the speeding offence (it was on his normal route to work at that time). The prosecution dropped the charge for failing to produce papers, after my son signed a Statutory Declaration swearing he hadn't received anything.
We therefore expected to get a fine plus another 3 points - which was fair enough. However, when the Magistrate came to sentencing, we found out that there were another 6 points on my son's licence - for failing to give information (MS90). This again was something we know absolutely nothing about - and it's actually this offence that my son has to go back to Court for on 19 April. Very confusing.
The result was that my son was disqualified from driving for 6 months which was a complete shock. We went to Court believing him to have 3pts only on his licence and were completely unaware of the other offences.
My son is at fault in that he committed the driving offences. But he only failed to provide information because we received no request to do so. All the correspondence had apparently gone to his old address.
When we go back to Court on 19th April, I would like to know what we should expect in terms of an outcome. We have already submitted another Statutory Declaration about this but as the points are already on his licence, I don't know if that will matter.
My son is a father of two young girls and is the only breadwinner in the house. He works as a Service Technician - which obviously involves driving cars into and out of the centre, as well as road testing. Therefore his job and ability to support his family are in real jeopardy. I also think that if he'd been aware of a second driving offence, he would have been more careful whilst driving - yet we never had the chance to do that.
He and his family moved house and whilst he changed his driving licence details to the new address, he never thought to do the same with the car ownership papers. Does this mean he is completely at fault and has to accept the 6 month disqualification?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
What would you like to know about this please?
Customer: replied 11 months ago.
What might the outcome of the hearing on 19th April be?
Is there an opportunity for my son to overturn his disqualification?
Customer: replied 11 months ago.
So far, I can't see any answer at all. So not sure what I've paid £47 for? Screen shotting this whole conversation though just in case. Do I need to do something to access the answer?
Expert:  Jo C. replied 11 months ago.
So, in short, he has a conviction that you don't recognise?
Customer: replied 11 months ago.
Yes
Expert:  Jo C. replied 11 months ago.
Do the DVLA have the correct address for him?
Customer: replied 11 months ago.
Yes. However he updated his drivers licence but didn't think to update the address on the vehicle ownership record. A very costly mistake.
Expert:  Jo C. replied 11 months ago.
That could be the issue here.In terms of the conviction, he can return to the Magistrates and ask them to reopen it on the basis that he didn't receive the summons.He could also seek leave to appeal out of time to the Crown Court on a similar basis.
Expert:  Jo C. replied 11 months ago.
Another alternative is to make a statutory declaration to the Magistrates on the basis that he didn't get the summons.The question really is where does it take you.It would lead to a resending on the S172 request. He could respond to that naming the driver thoguh.Can I clarify anything for you?Jo
Customer: replied 11 months ago.
I think he did the statutory declaration as we were leaving the Court on Tuesday - so it will be there for 19th. I don't understand what 'resending on the S172 means?
Expert:  Jo C. replied 11 months ago.
They would send out the S172 request again demanding details of the driver again.
Customer: replied 11 months ago.
Is this possible if the points are already on his licence?
Expert:  Jo C. replied 11 months ago.
If the stat dec is accepted they would be removed although it is fair to say there might be a struggle to get the DVLA to remove them actually.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
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