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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69368
Experience:  Over 5 years in practice
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To cut a story as short as possible... Received a letter

Customer Question

Good morning, To cut a long story as short as possible... Received a letter from the Driver and Vehicle Licensing Agency explaining that my partner had been convicted of an offence through a court hearing on the 17th May.... We received this letter on the 19th May. Prior this there had been no communication of any sort explaining of a driving offence. Absolutely nothing. There was nothing in the letter to advise on what we needed to do next or who we needed contact. We then received a further steps notice on the 18th June with a fine of £811. Contacted the number however they were closed as it was the weekend. Spoke to them first thing on the 20th June and they told us that my partner had been caught speeding on the 21st Nov 2015 (34mph in a 30mph). I asked why the fine was so high and they told us that their were 2 convictions, first for the one as mentioned and 2nd for not responding. However we knew nothing of any offence until the 19th May through which then a decision in court had already been made that we didn't even know we had. I was told to writ an appeal and send to Bath Magistrates court which I did on the 24rd June however I've had no response. Meanwhile we've been in regular contact with the DVLA who keep telling us to get in contact with Bath MC but there is no answer and DVLA are telling us that the fine will keep going up of the baliffs will be round etc etc. On top of this its been a very difficult time for us as we've just had our first child on the 8th June. Yes I can pay the fine however we're not guilty other than original of the driving offence. What do I do??
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

Do the DVLA have the right address for you?

Customer: replied 5 months ago.
we moved house in May 2015 and my partner changed her address that same month
Expert:  Jo C. replied 5 months ago.

Do you know when the DVLA updated?

Customer: replied 5 months ago.
My partner received her new driving license within 6 weeks so I'd presume that would confirm her records were changed a ling time in advance of November 2015
Customer: replied 5 months ago.
Date of issue = 22/09/2015. With the correct address
Expert:  Jo C. replied 5 months ago.

Yes, but the DVLA do delay sometimes in doing the handover.

She can always go to the Magistrates Court and apply for the matter to be reopened. She can also make a statutory declaration although there should be no need to do that.

The reason the fine is so high is that it includes a failing to identify and the costs of a trial in absence. A plea to speeding will attract a lesser fine and limited costs although it is fair to say that it will still be higher than the fixed penalty would have been.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
The part that I'm failing to understand is that the matter had already gone to court even before we knew anything about an offence, and yet because of this the fine is so much higher. Despite her driver license being up to date well before the offence we never received a summons or court date or anything.... To this day I we still don't know what the punishment is for the initial driving offence.
Expert:  Jo C. replied 5 months ago.

That would be a fine and points although it is probably for failing to identify not speeding as she did not respond to the S172 form.

Customer: replied 5 months ago.
We never received a S172 form. The only 2 things that we received was the letter from the DVLA on the 19th May after the court hearing on 17th May that we knew nothing about and then the further steps notice that we received on the 18th June with a fine of £811. Would you like me to send the 2 letters?? The first letter only said that she'd been convisted of a driving offence but didn't say when, what, where, punishement or anything, And just as importantly didn't say what we needed to do next
Customer: replied 5 months ago.
Hello??
Expert:  Jo C. replied 5 months ago.

She can always go to the Magistrates Court and apply for the matter to be reopened. She can also make a statutory declaration although there should be no need to do that.

Expert:  Jo C. replied 5 months ago.

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