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Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Caught speeding in april 2011 (57 in 40) waited for court summons

Customer Question

Caught speeding in april 2011 (57 in 40) waited for court summons for over 3 months ,moved house in mean time and court sent summons out 4 months later to old address. Arrested last week on oustanding warrant for this offence and now have to appear in court as they want to ban me for totting up from 2011. only have 3 point on my licenec now, can they do this as me not getting summons in 2011 is their fault as all my paperwork was change with dvla etc to show new address.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this. When was the first time you became aware of this offence?
Customer: replied 4 years ago.


I was stopped back in April 2011 and agreed i was speeding, was told i would hear from the courts by post by the officer. I moved house in May ,re directed mail for two months and still heard no more.I only found out week past Thursday when i was arrested in Scotland after a serious accident, put in the cells in Scotland, transferred over night to Leeds put in the cells there until the morning where i was cuffed and taken up in front of the judge !!!! (all for a minor traffic offence). The court at that stage found out about my change of address and have asked for me to re appear on the 19th December to fight for my licenece as they want to back date the charge.

Expert:  Jo C. replied 4 years ago.

Would the DVLA have had the correct address for you at the time the summons was issued.
Customer: replied 4 years ago.

Driving licence updated but cant say how long after we moved

Expert:  Jo C. replied 4 years ago.

But had you notified at the time that the summons was issued ?
Customer: replied 4 years ago.

cant say for sure when court summons was issued because to date i have yet to see it. Im sure my licence was changed around mid Oct/Nov and that is around the date i was due in court according to the judge.

Expert:  Jo C. replied 4 years ago.

You need to make an application to the court to reopen this matter on the basis that you didn't get the summons. You will have to explain why you didn't get it but from what you say that will not be a bar. Courts are quite well away of the administrative delay of the DVLA.

That doesn't mean it will go away entirely. This is not a stat dec.

But it will take the matter back to the issue of the summons so costs will not be such an issue of you resolve it promptly.

Also you will be able to deal with the ban matter. I cannot immediately see why that is an issue unless they are thinking of an instant ban because your speed was so high proportionate to the limit. That is a possibility but not likely

Can I clarify anything for you?

Expert:  Nicola-mod replied 4 years ago.

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