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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice.
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Good afternoon Jo, My predicament is I have challenged a speeding

Resolved Question:

Good afternoon Jo,
My predicament is I have challenged a speeding ticket asking for the evidence to be sent to me so I could identity the driver. After 3 occasions replying to correspondence sent I received no evidence...I then find at the court hearing I have been sentenced in my absence...they have totally ignored the speeding charge and gone for withholding the name of the driver going from 3 penalty points to 6 and going from £60 to £1000.
On returning from holiday I have found a letter stating my license has been revoked....I am an HGV driver and rely on this for my livelihood. The letter states " in order to reinstate my driving licence I must return my current license with paper counterpart or re apply to re new it....
If I post my license today can I still drive
Many thanks
Russ
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
That is not good news.
Are you asking if you have a defence to failing to identify?
Customer: replied 2 years ago.

I am going to fight the failing to identify the driver as and when a hearing date is presented to me. I'm asking now in relation to the letter received stating my license is now revoked. If I post my license asap does this mean I can drive as license will be being dealt with by swansea

Expert:  Jo C. replied 2 years ago.
The revocation is simple enough. You can just apply to be reinstated which will be allowed. There is a small fee but no more difficulty.
However, you do not have a defence to failing to identify. Come what may, you didn't identify. It is not for them to provide evidence of the driver. It is for you to identify. S172 is quite clear on the point.
In the meantime though, you cannot drive until your licence is reinstated. If you do then you are driving without a licence which will also invalidate your insurance.
In truth, if you explain that you were away to the DVLA they may actually reverse the revocation. I have known them do that on occasions although they do not have to.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

So this means not driving for work tomorrow as it would be driving whilst license revoked? Therefore losing a days wage into the bargain. What about the fact that I have driven illegal for the duration of my holiday as I had not received the notification prior to me departing my home address

Expert:  Jo C. replied 2 years ago.
Yes, that is right.
Nobody has any evidence of you driving illegally. I wouldn't volunteer it. It is not likely to arise. Almost everybody subject to a revocation is in that position for a short time because they do not receive immediate notification. You are not under a duty to confess to everything as long as you don't lie if asked directly which you won't be.
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