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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69996
Experience:  Over 5 years in practice.
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I received a notice of intended prosecution speeding

Resolved Question:

I received a notice of intended prosecution for a speeding offence. I do not dispute the notice. I filled in the forms but could not provide my driving licence number as my licence was with the DVLA for updating/new photo. I informed the police of this and they said to provide it as soon as I received my licence. Due a catalogue of errors by the DVLA - which is all recorded via emails and telephone log, I finally received my licence last week. The police, whom I have kept informed throughout my dealings with the DVLA say that as it has ta***** *****er than 4 months I must now accept points and pay a fine. They had said I had the opportunity of the driver awareness course as this is my first prosecution. The DVLA apologised but I am now being penalised for their failure to provide my licence within their own protocol timelines. The police say they are sorry but it is the 'rules. The say if I have not paid by 7th March they will issue summary proceedings against me? How is it fair that because of the failings of one statutory agency (DVLA), I was prevented from fulfilling the requirements of another statutory agency (the police) I am now being prosecuted? Please advise me if there is anything I can do or if I have to accept that I am being penalised by the failings of the DVLA - it seems very wrong.
Regards, Ruth
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.
I am sorry but there isn't really.
The speeding awareness course is not a right. It is nothing more than a police offer essentially to reduce the pressure on the courts by diverting a matter off.
The reason they have withdrawn it is that they only have six months to lay an information before the court to prosecute the speeding offence. Therefore if they don't act now they will be out of time and what will concern them is that then you may refuse to do the course and then would have no means of enforcing it.
Come what may, you were not in a position to accept the offer. I realise that wasn't your fault but this isn't a test of fairness. There is an element of luck with these things.
The DVLA are hard to challenge especially over delay. You don't have a contract with them so there is no breach. They do owe you a duty of care so you could argue that negligence applies but your loss is pure economic and there is no duty in the UK not to cause pure economic loss I'm afraid.
In terms of getting the police to reconsider, realistically they will not for the time limit reasons above and there is no means of forcing them to do so.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69996
Experience: Over 5 years in practice.
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