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Driving BAN, Banned for speeding, wasn’t aware of anything.
SlavicPirate
post Tue, 10 Dec 2019 - 20:21
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Ev ening everyone!

I found out yesterday, I have been disqualified for driving because of two speeding camera situations.
A girl, current tenant to my old address messaged me on Facebook, telling about it.
Not sure if she’s even entitled to actually handle and open my post.
Agency told her they couldn’t reach me, and funny thing is they casually email me anyway.
I received the first notice in April and the second one never arrived, but it’s from May.
I know all dates because I called all authorities yesterday.
In June I’ve moved house and court has been sending letter regarding court hearings.
I’ve had no idea there is a case going on against me, and as a result I haven’t attended to any hearing.
My licence hasn’t been taken away but I’ve been given 12 points for not providing DVLA with drivers details and not attending hearings.
Now I’m banned for 6 months and I’ve been banned since October.
I wasn’t aware of that and if I would be taken by the police, I could face 6 months in prison.
But nobody told me?
They’ve had my contact number, my email address, and my car has been insured to a new address.
My question now is, do I fight to get my right back, face the fine and possibly 9 penalty Or do I wait until April and just come back to driving as usual?
My work is based on driving, I work in events and it’s crucial for me to drive vehicles including my car and company vans.
It’s literally taking bread away from my mouth, if I’m not able to work.
Also as self employed, I’m not entitled to any support.

If I decide to re appeal, do I pledge guilty or do I say that I don’t actually remember ?
Are there any free legal advisors you could possibly recommend ?
I’ve spoken to court and to the Citizen Advicor, both gave me numbers for free help, but all solicitors told me, there is no need for a legal advisor as it’s all up to me what I decide.
I’ve never been in such situation and I understand it isn’t easy to judge what I should do.

Any help will be very much appreciated.

Thank you, drive safely!

Natalia
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post Tue, 10 Dec 2019 - 20:21
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Jlc
post Tue, 10 Dec 2019 - 20:46
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QUOTE (SlavicPirate @ Tue, 10 Dec 2019 - 20:21) *
I received the first notice in April and the second one never arrived, but it’s from May.

Please explain this? I thought it would be a fairly straightforward case where you moved and didn't update your v5 nor put in place any mail redirection?

Regardless, your next move is to contact the convicting court(s) and ask to perform a statutory declaration. This will remove the convictions and give you the opportunity to sort it out.

If you were driving then the usual advice would be to offer to plead guilty to the underlying offences (speeding?) if they will drop the more serious charges (s172 / failing to furnish - which is 6 points each)

QUOTE (SlavicPirate @ Tue, 10 Dec 2019 - 20:21) *
They’ve had my contact number, my email address, and my car has been insured to a new address.

Who's 'they'? The initial process is driven by the details on the v5 - they won't use other contact details unless advised specifically for each allegation.

This post has been edited by Jlc: Tue, 10 Dec 2019 - 20:47


--------------------
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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SlavicPirate
post Tue, 10 Dec 2019 - 21:17
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So, I have found out about the situation, and I knew letters are about the speeding from April.
I called local Police authorities and they've told me I have had two situations with speeding camera.
One from April and one from May.

I had no idea about the second one, but I did know about the first one.

I haven't received a letter with the notice from May.

I understand DVLA have my details from V5 slip now, so I also know it is my fault that I haven't changed my address then.

Both offences are speeding, one of them 34mph and second one 42mph.

I also use Sat Nav TOMTOM which is giving me lower values while driving.
For example if I'm going 34mph, Sat Nav shows me 32mph.
I know I should look at the meter while driving, but it's a good argument, because I'm using Sat Nav to be aware of legal speed, and trying to be good on the road.

If I plead guilty, is there a chance I can reduce number of points, but still have to pay fines?
At the moment I'm on a driving ban, but don't have to pay anything.

I know it sounds silly, but if I have to face a very high fine, I might as well wait until April, and have my account cleared.

It is apparently up to £1000 for not notifying DVLA about the address change.

My housing situation is complicated.

Address I'm with right now isn't really permanent, and my landlord doesn't want a contract which makes me a lodger.
He hasn't registered me with the address, and I can't even get a parking permit.
I'm looking for a new place, but right now it is what it is.

Not sure if that's anyhow related, but maybe it could turn the judge on my side and understand the situation.

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Jlc
post Tue, 10 Dec 2019 - 21:25
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You are liable for the fines from being convicted in your absence. These are likely to exceed £1500 - they will pursue you at some point so sitting out the ban is not an option.

You do not have a good argument against the speed and you are on the back foot too as you are not in a position to argue.

You must book that statutory declaration ASAP.

I’m guessing English isn’t your first language and I’m not convinced you have recognised the seriousness of the allegations.

This post has been edited by Jlc: Tue, 10 Dec 2019 - 21:26


--------------------
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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SlavicPirate
post Tue, 10 Dec 2019 - 21:46
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Thank you, I will do as advised.

I went to the court today, but they gave me a number I have to call, but I wanted to get an advise first.

I will do it tomorrow morning, and let's see what happens.

Yes, English isn't my first language, and I do have a EU Driving License.

What are real chances of getting my rights back?

I guess sooner it happens is better, because Brexit is coming too.

Also, I have read something about ban suspension for the time being, if the convicted person has to use their driving ability for working purposes.

Is it a thing?
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SlavicPirate
post Tue, 10 Dec 2019 - 21:58
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Also does it matter that speeding has been detected on 10/03/2019 and Notice has been sent on 23/04/2019? 44 days after I broke the law?
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andy_foster
post Tue, 10 Dec 2019 - 23:22
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QUOTE (SlavicPirate @ Tue, 10 Dec 2019 - 21:58) *
Also does it matter that speeding has been detected on 10/03/2019 and Notice has been sent on 23/04/2019? 44 days after I broke the law?


You are presumably thinking of the '14 day rule' - subject to certain statutory exceptions, you cannot be convicted of the speeding offence unless a notice was served on you or the registered keeper by delivering it to your last known address within 14 days of the date of the offence. However, this does not apply to the s. 172 offence(s) you have been convicted of.

It seems that you did not receive the notices (NIP/s. 172) as you failed to update the address on your V5C when you moved. The general consensus is that not receiving the notices is not a defence if the reason was that you failed to update your address on the V5C.

However, it is usually possible to do a deal with the prosecution (or sometimes even the court) for the s. 172 charge(s) to be dropped in return for you pleading guilty to the speeding charge(s). Even if you have a defence to one of the speeding charges, that would not help you - they will not drop an s. 172 charge if you do not plead guilty to the speeding charge.

What were the speed limits? Many people have claimed to have been 'done' for 34 in a 30 limit, but we have never seen any evidence of charges for below 35 in a 30 limit.


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

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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SlavicPirate
post Mon, 16 Dec 2019 - 23:10
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Thank you for your help.
My case is re opened.

Am I allowed to drive until it’s resolved ?
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cp8759
post Mon, 16 Dec 2019 - 23:34
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What do you mean by re opened? Have you made a statutory declaration to get the conviction quashed?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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Logician
post Mon, 16 Dec 2019 - 23:37
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QUOTE (SlavicPirate @ Mon, 16 Dec 2019 - 23:10) *
Thank you for your help. My case is re opened. Am I allowed to drive until it’s resolved ?


We need to know what happened in order to advise you.

Did you go to court and swear a statutory declaration in front of the magistrates there?

Were you advised that your convictions would be set aside?

Were you asked to plead guilty or not guilty to the charges?

Was there a mention of a trial date?



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patdavies
post Tue, 17 Dec 2019 - 18:23
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On the topic of opening the mail: legally, once a letter is delivered to an address, it may be opened by anybody. The offence is only related to letters currently in "the course of transmission" which is (generally) defined as between being placed in a postbox and delivered to an address letter box.

This post has been edited by patdavies: Tue, 17 Dec 2019 - 18:26
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