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Banned and wasn’t aware
Typan
post Wed, 7 Feb 2018 - 20:55
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My daughters boyfriend is a private hire driver with a settle car not registered in his name. In October last year he must have been caught on camera dropping someone at Manchester Airport, he was doing 70 when it had been restricted to 50. In November he received a letter saying because he didn’t give the information of who was driving he had been given 6 points. He called up the court to ask what was it about as he hadn’t had a letter and was told to do a statutory declaration and was given a date. Just before the date to do this he received a summons on referral for this month to attend a court where the speeding had happened.

The court date was yesterday and he forgot about it and did not attend, he was convinced it was 16th and only realised after my daughter told him to check (got the letter 3 mthis ago, I know, no excuse)

As soon as he realised he called the court and was told he had been disqualified for 6mths, prior to this his licence was clean.

I am presuming they doubled the initial 3 points to 6 then 6 for not informing them. The thing is that the keeper of the car (taxi firm) must have provided driver details otherwise how would they have got his address. He is totally distraught as he has never had any dealings with the courts so he was totally naive to what was going on.

He has not only lost his licence but also his job if he doesn’t get this sorted, he really doesn’t know what to do , so I’m hoping someone can offer some advice.

Thanks
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post Wed, 7 Feb 2018 - 20:55
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henrik777
post Thu, 22 Feb 2018 - 13:38
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Get a lawyer. Ask around locally for someone who deals with motoring stuff.

If someone shows the aptitude for dealing with this stuff i'd say save the cash. In this case, get a lawyer. His livelihood depends on it, or so it seems.
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NewJudge
post Thu, 22 Feb 2018 - 21:16
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I've had a look through this thread now and I will reiterate what I said earlier. He needs to be sure about what he has been told.

If you think about it logically, if the court has suspended his ban until his appeal is heard, his best course of action would be to simply fail to appeal. Unless the court that lifted the ban placed some other condition (e.g. until the appeal is heard or, say, four weeks' hence) then there would be no mechanism for his case to be revisited. That is why such a course of action is extremely unusual. I would suggest he contacts the court to get somebody to look at the court record for his most recent hearing so that he can establish precisely what was decided.
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Typan
post Thu, 22 Feb 2018 - 23:47
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QUOTE (NewJudge @ Thu, 22 Feb 2018 - 21:16) *
I've had a look through this thread now and I will reiterate what I said earlier. He needs to be sure about what he has been told.

If you think about it logically, if the court has suspended his ban until his appeal is heard, his best course of action would be to simply fail to appeal. Unless the court that lifted the ban placed some other condition (e.g. until the appeal is heard or, say, four weeks' hence) then there would be no mechanism for his case to be revisited. That is why such a course of action is extremely unusual. I would suggest he contacts the court to get somebody to look at the court record for his most recent hearing so that he can establish precisely what was decided.

Thanks, he has been sent an appeal form by the court which says reply in 28 days and they have confirmed he is no longer banned pending appeal. He called the court again today to ask what offences he needed to appeal because the letter he received only referred to the no disclosures and she said she could only see one speeding offence relating to the October one. She said she would contact DVLA to see if she could clarify what he has been charged with and told him to call back tomorrow.

How much roughly would a solicitor cost ?
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peterguk
post Thu, 22 Feb 2018 - 23:54
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QUOTE (Typan @ Thu, 22 Feb 2018 - 23:47) *
How much roughly would a solicitor cost ?


At a guess £1000+.


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BertB
post Fri, 23 Feb 2018 - 00:41
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QUOTE (Typan @ Wed, 21 Feb 2018 - 21:32) *
So he has received an appeal form today however the only information relates to 2 failure to disclose and he isn’t aware of when,where the second speeding offence occurred. The letter also said some people can appeal to the magistrate court but it didn’t really explain under what circumstances?

Who can give him the information re the how the first 6 points occurred? The court, DVLA ?

He also got a letter today with a date for the magistrate to attend Friday to ask for the appeal to suspend his ban however obviously he went last week and it was definitely lifted because the taxi company made him call the court from their office as the DVLA apparently takes several days to update. He then called them and they said it looked like a mistake but the girl was off until tomorrow so to call back?


I have followed this thread from the start, and reread it again. He has never received any paperwork except (firstly) the letter stating he had received 6 points and secondly the SJPN for a further offence of failing to name the driver for which he was also convicted in his absence. These offences carry 6 points each. He seems convinced he has received points for speeding, but if he has never personally responded to an S.172 request it is unlikely he has been convicted of speeding as there is no evidence he was the driver.

In November he would not have received 6 points for any offence committed in October. This would have been an earlier instance of failing to furnish. The second notice would have been for a second offence of failing to furnish at a later date. This may or may not have been a notice relating to the Manchester Airport instance in October, but it is irrelevant as that is not a charge he is defending.

Where he thinks he may have been clocked speeding is irrelevant, or indeed when. He is facing two charges of failing to furnish driver details for each of the S.172 notices he says he did not receive. Each conviction carries 6 points, hence totting and being disqualified. That is what he is appealing conviction for. When you view his licence on DVLA, what does it say with regard to points and convictions now? As this is what matters with respect to the status of is licence.

As others have suggested, he needs a professional now to look over what he has and where he is at. Or at least an appropriate adult who can read and disseminate the information properly for him. Tell him not to drive until this has happened, as that story is garbled as well. He is still banned, he isn't still banned, its a mistake, girl off work, girl back in talking about him having points for speeding...
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Typan
post Fri, 23 Feb 2018 - 07:37
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He has categorically been told by the court the ban has been suspended, as have the taxi company because he called the court in their presence and they confirmed it. The court can only see one speeding offence so how can he have 12 points for not producing or would the give 6 points x 2 for the same offence ?
Unfortunately he doesn’t have £1000 for a solicitor 😔
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peterguk
post Fri, 23 Feb 2018 - 08:49
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QUOTE (Typan @ Fri, 23 Feb 2018 - 07:37) *
He has categorically been told by the court the ban has been suspended, as have the taxi company because he called the court in their presence and they confirmed it. The court can only see one speeding offence so how can he have 12 points for not producing or would the give 6 points x 2 for the same offence ?
Unfortunately he doesn’t have £1000 for a solicitor ������


So nothing in writing from the court confirming ban lifted?

He has 12 points because that is what the court handed down. There is no doubt about that.

Sounds like a complete mess.

That's why the involvement of a solicitor has been suggested.

This post has been edited by peterguk: Fri, 23 Feb 2018 - 08:55


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BertB
post Fri, 23 Feb 2018 - 13:27
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QUOTE (Typan @ Fri, 23 Feb 2018 - 07:37) *
He has categorically been told by the court the ban has been suspended, as have the taxi company because he called the court in their presence and they confirmed it. The court can only see one speeding offence so how can he have 12 points for not producing or would the give 6 points x 2 for the same offence ?
Unfortunately he doesn’t have £1000 for a solicitor 😔


QUOTE
When you view his licence on DVLA, what does it say with regard to points and convictions now? As this is what matters with respect to the status of is licence.

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The Rookie
post Yesterday, 08:41
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QUOTE (Typan @ Fri, 23 Feb 2018 - 07:37) *
The court can only see one speeding offence so how can he have 12 points for not producing or would the give 6 points x 2 for the same offence ?

No wonder there is confusion when you aren't taking on board what you are told and then playing Chinese whispers with him. Your also using words willy nilly outside their normal meaning which further serves to confuse, its no wonder he's confused.
1/ He hasn't been convicted of speeding at all (unless its a third case), so I've no idea why one is showing at all, or are you referring to an S172 offence as speeding when its not?
2/ Its not 'not producing', its for failing to furnish drivers details. Failing to produce is an offence but very different to the one in question.
3/ Of course its two cases, go back to your first post where you told us there were two cases........... could be different courts and one not know about the other, no it cannot (it would need a major cockup and given your first post clearly telling us of two different offences that's unlikely) be 2x6 points for one offence.


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