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MS90 Offence & 6 penalty points+ 660 GBP fine Help !
CCT99
post Sat, 12 Oct 2019 - 09:34
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Hello Everyone!
I need a bit of help as I received a letter from DVLA yesterday that my driving licence has been revoked since I had 6 penalty points within 1st year of passing test.

Backstory: I moved house in Feb 2019 but I forgot to update the new address on V5C document since I had not received one by the time I moved from my previous house.( I managed to change the address on driving licence and all the rest that involves with changing the house except V5C)

However I got the letter of revoking my licence yesterday and when I looked up the details on the gov.uk website the offence date was mentioned as 7th June 2019.

I neither received any letters from DVLA prior to this nor I got NIP ( I assume this is due to lack of changing address on V5C)!!! The letter states that I have to send the driving licence to DVLA and start applying for a new one.

My queries:
1. Can I appeal against licence revokation and accept whichever the original offence was? If yes, can I do it on my own or should I go through solicitor? What are the odds of me getting successful in this case? I read about Stat Dec but I didnt quite understand?? Can someone please explain ?

2. If I intend to accept this offence and decide to apply for new licence and pay the 660 GBP fine, will the 6 penalty points get added automatically to my new licence??? I did not find a way to pay the fine!! Nothing mentioned on the gov.uk site

3. Amidst this I still need to get the V5C document which I DO NOT possess with me currently!!! Should I apply now by downloading V62 form or its a bad timing?

4. Is it possible to know what my original offence was (speeding or red light) on 7th June 2019??

So am kindly looking for advice on the above matter and any other useful info to help me get out of this mess!!! ( specially when the winter is just around the corner)

Thanks!! Eagerly awaiting reply
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post Sat, 12 Oct 2019 - 09:34
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andy_foster
post Sat, 12 Oct 2019 - 12:37
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QUOTE (CCT99 @ Sat, 12 Oct 2019 - 10:34) *
1. Can I appeal against licence revokation and accept whichever the original offence was? If yes, can I do it on my own or should I go through solicitor? What are the odds of me getting successful in this case? I read about Stat Dec but I didnt quite understand?? Can someone please explain ?


Search for stat dec on the forum. The question has been asked and answered many, many times.

QUOTE
2. If I intend to accept this offence and decide to apply for new licence and pay the 660 GBP fine, will the 6 penalty points get added automatically to my new licence??? I did not find a way to pay the fine!! Nothing mentioned on the gov.uk site


Yes. Although it is not really a new licence. The DVLA are notifying you about the revocation. HMCTS will eventually fimnd you for the fine - unless you do a stat dec.

QUOTE
3. Amidst this I still need to get the V5C document which I DO NOT possess with me currently!!! Should I apply now by downloading V62 form or its a bad timing?


Not having a V5C appears to the the root cause. Applying for one will not make it worse.

QUOTE
4. Is it possible to know what my original offence was (speeding or red light) on 7th June 2019??


The convicting court might be able to tell you if another offence was charged.


--------------------
Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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NewJudge
post Sun, 13 Oct 2019 - 14:50
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It is not possible to appeal against the revocation. It is an administrative process carried out by the DVLA not a judicial decision made by the court. The only way you can avoid revocation is to have the offence revisited by the court (and as mentioned, a Statutory Declaration is the way to begin this). Only if the resurrected process results in you gaining fewer than six points will revocation be avoided.
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CCT99
post Mon, 14 Oct 2019 - 20:12
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Thanks for your reply. Update: I have booked a Stat Dec on Thursday this week. I got to know that my original speeding offence was doing 92 on a motorway. I am really scared about the implications it may have when I plead guilty to the speeding offence.
Will it be a worse penalty and fine??

I am really shattered!! Any chance that I can request the magistrate for a speed awareness course and be little lenient!!

I was told that on the day of Stat Dec.. if I plead guilty of the speeding offence then sometimes the Court tends to give verdict then and there!!

Any advice would be useful!!!
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BaggieBoy
post Mon, 14 Oct 2019 - 20:39
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92 but what was the speed limit at the time?
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Jlc
post Mon, 14 Oct 2019 - 20:46
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You won't get a course.

If 70 limit, then 92 is likely 4 points, fine around 66% weekly relevant income, costs of £85 and surcharge of 10% of the fine (min £30).

QUOTE (CCT99 @ Mon, 14 Oct 2019 - 21:12) *
I was told that on the day of Stat Dec.. if I plead guilty of the speeding offence then sometimes the Court tends to give verdict then and there!!

Usual advice is not to plead guilty to the speeding until they agree to drop the s172 failing to furnish. Although some courts seem quite happy to process the dropping the s172 as 'routine'.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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NewJudge
post Mon, 14 Oct 2019 - 20:55
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You need to be clear that the offence of which you were convicted (and which the Stat Dec will nullify) is not speeding. It is "Failing to Provide driver's details" (FtP).

The prosecutors will have to decide (a) whether to resurrect any charges following your Stat Dec (they almost certainly will) and (b) what the charge will be. At present they have no evidence that you were driving and so cannot successfully prosecute you for speeding. That evidence comes in the form of you providing your details as the driver. If they charge you again with FtP you can offer to come to an arrangement where you will plead guilty to speeding in return for the FtP charge being dropped. In many areas now the original charge is immediately re-put to the defendant who has just performed the SD. It may be possible to do this "deal" when the charge is put to you. If it is not you should plead not guilty to the FtP charge. This means the matter will not be dealt with then but set down for a trial at a later date. You can then properly discuss your "deal" with the prosecutor before that hearing.

If you plead guilty to the FtP charge you will be back to six points and licence revocation.
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CCT99
post Thu, 17 Oct 2019 - 21:23
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Hello everyone!! I just wanted to update about my Stat Dec from today!!

As advised by all the experienced members here, exactly same thing happened-- ie original offence of FtP & all penalty points related to that became void after Stat Dec was signed. They asked me whether I plead guilty or not to the speeding offence. I said.. Guilty..

So now I have 4 points and fine was 215 GBP in total to be paid within 14 days.

I just want to thank you to all the members who adviced me and gave useful advice. Truly this forum is unmatched!!!

Thanks guys!!!!
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