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Wrong Code and Date on Licence
ethane09
post Sat, 20 Oct 2018 - 07:23
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Hello all, looking for some legal advice if anyone could advise. I'll try keep this as short as possible.



I was in court on the 17th of October 2018. I was found guilty of failing to give information regarding the driver of a speeding car. Although the car was registered in my name I had sold it before said speeding offence was committed.



Anyway. I got found guilty and received 6 points on my licence. Bear in mind I passed my driving test on the 23/10/2015.

The speeding offence was on the 28/09/2017, so within 2 years of driving and therefore 6 points would revoke my licence.



In court though, the speeding offence was dropped and I was found guilty of not identifying the driver of the car. This offence is dated 02/11/2017.



Upon checking my driving licence online, I have received 6 points from the date of the speeding offence and my driving licence has been revoked. Is this correct, as that charge was dropped by the prosecution and the 6 points are for not identifying the driver. This shows code SP30 on my licence but I assume I should have code MS90 and it should be from 02/11/17 and not within my first 2 years of driving and should allow me to keep my licence?

Could this be classed as a miscarriage of justice? Can I get these points removed?



Or is my only option to appeal and try and keep my licence as I need it for work.

Is this likely to be an admin error, or will I have to appeal? If I do, can they remove the revoked licence in the meantime while I wait for my appeal ?



Thanks in advance.
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post Sat, 20 Oct 2018 - 07:23
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Jlc
post Sat, 20 Oct 2018 - 07:36
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Yes, the date is wrong - your licence should not have been revoked.

Contact the convicting court in the first instance - they should be able to resolve this as an administrative issue (in the interests of justice).

Probably too late, but why did you not respond to the request?

The revocation is an admin exercise by the DVLA - you can continue driving until they notify you. But if you did get revoked, do not drive until the issue is resolved.


--------------------
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, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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ethane09
post Sat, 20 Oct 2018 - 08:46
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QUOTE (Jlc @ Sat, 20 Oct 2018 - 08:36) *
Yes, the date is wrong - your licence should not have been revoked.

Contact the convicting court in the first instance - they should be able to resolve this as an administrative issue (in the interests of justice).

Probably too late, but why did you not respond to the request?

The revocation is an admin exercise by the DVLA - you can continue driving until they notify you. But if you did get revoked, do not drive until the issue is resolved.


Thanks for the reply.

Apparently they sent me 2 letters. A NIP and and a reminder to identify the driver. Never received one. The first I heard was I got a Single Justice Procedural Notice through the door 5 months after the alleged speeding offence. Went to court Wednesday with a photocopy of the logbook, as I sold the car. This was signed and dated 8 days before any alleged speeding offence. Tried my luck in court as I'm innocent but got found guilty of not identifying the driver.

I could appeal but that's more costs and I could lose that too. I was just going to bite the bullet till i checked my licence online and seen it had been revoked with the wrong code and wrong date of offence.

After the judge told me guilty, she asked the prosecutor about the speeding offence, to which she replied they will drop the speeding offence. I guess they can't prove I was driving and they already got money off me for fines and costs.

Hopefully I can just ring the courts monday morning and get this mess sorted out. As the speeding offence was within the first 2 years of my licence but the failing to identify isn't I'm glad they dropped the speeding offence.

Edit: How long do you think it would take for the courts to rectify their mistake and inform the DVLA

This post has been edited by ethane09: Sat, 20 Oct 2018 - 09:03
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Logician
post Sat, 20 Oct 2018 - 10:35
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The court may have concluded that the chances of both the NIP and the reminder not being delivered to you were slim, and that more likely they were delivered and you ignored them as irrelevant since you had sold the car. Did you have any evidence of previously missing post, for instance complaints to Royal Mail or if you live in a block of flats, residents picking up wrong mail? The important point was not whether you sold the car, but whether you received the letters but failed to reply. you have 21 days to appeal, when your case would be heard all over again in the Crown Court, but if you fail again you would be liable for costs.

Anyway, the notification to the DVLA was obviously an administrative error and a phone call to the court should get it put right. How long that would take is anyone's guess, but they seem to have acted quickly enough previously.


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