license revoked without notice Options

[polo6n2]

Hi all,

I was caught doing 59mph in a 30 back in May 2018.
I got sent a letter to require information of who was the driver.
I replied to this letter stating that I was the driver and then a few weeks later i recieved a letter stating that i need to go to court and i will recieve information on what happens next (eg. a court date). I never recieved the court date letter.
Then today 12th January 2019 i recieved a letter stating that my license has been revoked.
I haven’t been notified during the 7/8 month period about a court hearing or anything like i was expecting.

What can I do about this? Would I be able to reopen the case and actually go to court like i was expecting or is it too late as my license as now been revoked?

EDIT: I have not changed address.

Thank you.

This post has been edited by polo6n2: Sat, 12 Jan 2019 - 16:30

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[andy_foster]

Sounds like you were convicted in your absence - either of speeding, or failing to provide the driver's details if the response got lost.
You have 21 days from becoming aware of the proceedings to make a statutory declaration under s. 14 Magistrates' Courts Act 1980 (if made after the 21 days, the court has the discretion to quash the conviction, but if made within 21 days, they must do so). Chances are that you won't be able to get an appointment with your local court to do so within the 21 days, but as long as you contact them in a timely manner, that is unlikely to matter.

N.B. Please don't spoil the guessing game by giving us relevant information, such as whether your licence was revoked under the Road Traffic (New Drivers) Act 1995 (getting to 6 or more active points as a result of an offence committed within 2 years after first becoming a qualified driver), or for some other reason, as we are very bored and have little better to do than play such games.

[polo6n2]

I told them I was the driver. They got this information because they sent me a letter stating tjat i was to attend court and i need to wait for a court date to arrive. the court date never arrived.

yes i am a new driver.

[NewJudge]

Whilst doing your Statutory Declaration will see your conviction quashed the matter will be reopened and you will face the charge again. You may received a lower fine when the case is heard afresh (the court assumes a weekly income of £440pw and you will also have received no discount for a guilty plea as a not guilty plea would have been entered in your absence). However, you will be most unlikely to see anything other than six points imposed. The guideline penalty for 59 in a 30 limit is six points or a ban of up to 56 days. The court has specific guidance that where such a choice is available and the points option would see the driver face revocation under the New Drivers' legislation then they should impose points.

This post has been edited by NewJudge: Sat, 12 Jan 2019 - 17:24

[polo6n2]

Am I able to make a stat dec or is it too late as my license is now revoked?

[Jlc]

As long as you make a SD within 21 days they cannot refuse. (Or at least make the application to the court)

Trouble is, your new conviction will likely be 6 points and you’ll have your licence revoked again... (but you may get a lesser fine)

This post has been edited by Jlc: Sat, 12 Jan 2019 - 18:10

[polo6n2]

As long as you make a SD within 21 days they cannot refuse. (Or at least make the application to the court)

Trouble is, your new conviction will likely be 6 points and you’ll have your licence revoked again... (but you may get a lesser fine)

How do I go about making a SD? I’ve heard that I will more than likely get 6 points or a 56 day ban but I’d much rather go to court and explain myself as it was a 2 lane road and me being a new driver at the time i thought it was a dual carriageway and was national speed limit. I didn’t know the area that I was in.

[cp8759]

As long as you make a SD within 21 days they cannot refuse. (Or at least make the application to the court)

Trouble is, your new conviction will likely be 6 points and you’ll have your licence revoked again... (but you may get a lesser fine)

How do I go about making a SD? I’ve heard that I will more than likely get 6 points or a 56 day ban but I’d much rather go to court and explain myself as it was a 2 lane road and me being a new driver at the time i thought it was a dual carriageway and was national speed limit. I didn’t know the area that I was in.

To make an SD just phone the court, explain you need to make an SD and they should provide a date and time when you can go into court. You can then plead guilty to the offence and speak in mitigation, however be careful what you say. If you "thought" it was a national speed limit road when it clearly wasn't (either because of road signs or because there was a system of street lighting), the magistrates might wonder how much attention you were paying to the road ahead.

[Logician]

.........it was a 2 lane road and me being a new driver at the time i thought it was a dual carriageway and was national speed limit. I didn’t know the area that I was in.

Do you mean it was two lanes in each direction, separated by a double white line between them?

People do make the mistake of thinking that is a dual carriageway, but the Highway Code is clear "A dual carriageway is a road which has a central reservation to separate the carriageways." If it does not have a central reservation it is not a dual carriageway.

[andy_foster]

i thought it was a dual carriageway and was national speed limit. I didn’t know the area that I was in.

Presumably your intention is to show that you were not acting with complete disregard for the law by deliberately doing almost double the speed limit, but were simply unaware of the speed limit. I doubt that that would make much of a difference to the fine, and almost certainly not change the points. However, a guilty plea should result in a discount of 1/3 off the fine and if your income is less than the deemed average (IIRC £440 p/w after tax and NI), the fine itself would be lower.

For future reference, other than on a motorway, if there is a compliant system of street lighting (at least 3 lamps, not mroe than 200 yards apart) then the speed limit is 30 mph unless there are signs to the contrary (technically it's unless the limit has been changed by a TRO, but you can't see the TRO at the side of the road).

[The Rookie]

As you cannot drive until you do the SD, and then are very likely to get 6 points and have your licence revoked again (time served until then being irrelevant), I’d consider NOT doing the SD but getting on and applying for a new provisional licence.

You can ask the court to reopen the case in the interests of justice and get the fine correctly calculated for your income though.

[Jlc]

It could depend on which endorsement the OP ‘wants’. A MS90 or SPxx?

But there is a long shot chance of getting 5 points at court but would go against guidelines...

[The Rookie]

It seems likely he’s been convicted of speeding, so can’t get an MS90 however much he may want it I think?