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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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This weekend I received a letter from the DVLA to say

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This weekend I received a letter from the DVLA to say I had failed to give information and that I have 6 points and a £745 fine... I have never received a letter to say an offense had been committed or a letter to say it was going to court. I was on my honeymoon when this so called court date was held. I will be ringing the DVLA later to discuss this matter as I have no idea what it is I have supposedly done wrong.
Is there anything I can do about this or is it a losing battle?
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
You will need to go to the magistrates court to make a statutory declaration that you did not receive the Notice of Intended Prosecution (NIP.
This will lead to your conviction being set aside (the sentence will fall away too), but there is a risk that you could still be prosecuted for failing to provide the required information. It is not always easy to win these cases because there is presumption that the post was delivered and you must prove you did not receive both the the NIP and very likely the follow up NIP.
It is also vital that you find out the details of the original offence (eg the speeding or lights violation) and provide the information required ASAP. This will make it less likely that you will be prosecuted. You should be able to get this information from either the DVLA or the court when you make the statutory declaration.
I hope this answers your question but please feel free to ask further questions.
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