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New driver no insurance
Lmc1988
post Tue, 12 Sep 2017 - 12:10
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Hi all

Have been to mags today for a driving with no insurance charge that came about in may when I was stopped driving my partners car. I thought I was insured through my own fully comp policy but wasn't. Anyway received single justice procedure notice and pled guilty wanting to attend court got my self a solicitor and turned up at court today. Solicitor asked for short term ban rather than points which would lead to revocation o my licence under new driver provision. Mags sentenced me to 6 points without revocation and 14 days disqualification plus £235 fine and costs. What I don't understand is how DVLA won't revoke my licence? Everywhere I have read states soon as DVLA see 6 points licence automatically revoked!
Thanks in advance
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post Tue, 12 Sep 2017 - 12:10
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Lodesman
post Tue, 12 Sep 2017 - 12:23
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I'll bet when you check up on it that you (unusually) have been disqualified INSTEAD of having 6 points.

You won't have both a period of disqualification and points.

Mags are discouraged from disqualifying to void revocation but there are occasions where it is the most appropriate method of disposal.

I have used it occasionally over the years (both in Mags and Crown Courts) but only where there were unusual circumstances warranting such a decision.

I would check with your solicitor as to what the actual sentence was, just to be sure.

This post has been edited by Lodesman: Tue, 12 Sep 2017 - 13:26
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Lmc1988
post Tue, 12 Sep 2017 - 12:37
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I did ask as was unsure when I came out and solicitor said 6 points but won't be revoked and 14 day ban. Will check driving record but think it takes a while to go on there? Thanks for your reply
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NeverMind
post Tue, 12 Sep 2017 - 12:40
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QUOTE (Lmc1988 @ Tue, 12 Sep 2017 - 13:37) *
I did ask as was unsure when I came out and solicitor said 6 points but won't be revoked and 14 day ban. Will check driving record but think it takes a while to go on there? Thanks for your reply



Points AND ban sounds very unlikely. If I were you I would double check with the magistrates court to see what the penalty actually was.
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samthecat
post Tue, 12 Sep 2017 - 12:46
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AIUI if you received 6 points as a new driver DVLA will revoke your licence under the 'New driver act'. This has nothing to do with the court and I don't think they can decide for it not to happen.

As already stated check with the court as it sounds like there's been some miscommunication.


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If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.
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Lmc1988
post Tue, 12 Sep 2017 - 12:46
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Have tried calling but no answer solicitor said he would write to me with outcome etc so will just wait for that and check my driving record do you know how long it takes to update on the online record?
Thanks I'm new to all of this and haven't a clue
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Steve_999
post Tue, 12 Sep 2017 - 12:53
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If the court did impose a ban, you should have been left in absolutely no doubt as that ban would have taken effect immediately.

I would strongly suggest that you do not drive until the situation is clarified.
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Jlc
post Tue, 12 Sep 2017 - 12:57
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EDIT: Unless you were banned you can continue driving until the DVLA write to you - I do not believe the court have the power to prevent revocation.

(Assuming points were awarded - any ban would be immediate)

This post has been edited by Jlc: Tue, 12 Sep 2017 - 13:13


--------------------
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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Lmc1988
post Tue, 12 Sep 2017 - 12:58
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I'm definitely not driving until I understand fully what the outcome is I definitely heard 6 points and 14 days disqualification and when I came out of court and spoke to my solicitor he said that I would eh able to drive 14 days from today and my licence wouldn't be revoked even though there was something about 6 points. Sorry for my naivety I literally have never been in this situation before never been to court etc
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Logician
post Tue, 12 Sep 2017 - 13:08
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If you were disqualified there would have been a severe warning not to drive while disqualified that should have stuck in your mind, but for many people court proceedings go by in a blur. Perhaps what was said that the guidelines were to give you 6 points, but to avoid the revocation of your licence the court was instead going to disqualify you for 14 days. Definitely do not drive until the sentence is clarified.


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Lmc1988
post Tue, 12 Sep 2017 - 13:17
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There was definitely a warning about not driving so I 100% know I have been banned for 14 days it's the 6 points thing I don't understand as I like others above thought the courts have no say over revocation of licences it's down to DVLA.
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Jlc
post Tue, 12 Sep 2017 - 13:31
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It seems most likely they have gone against the guidance and issued a short ban to avoid the points and revocation. It's unusual but can happen. (It's either ban or points)

But you need to check with the court as noted!

Any such ban is declarable for insurance purposes.

This post has been edited by Jlc: Tue, 12 Sep 2017 - 13:32


--------------------
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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Lodesman
post Tue, 12 Sep 2017 - 13:34
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QUOTE (Steve_999 @ Tue, 12 Sep 2017 - 13:53) *
If the court did impose a ban, you should have been left in absolutely no doubt as that ban would have taken effect immediately.

I would strongly suggest that you do not drive until the situation is clarified.


You are usually left in no doubt if a ban is imposed. If a ban is imposed there is usually a clarification from the bench along the lines of :- "You must not drive any motor vehicle in the UK on any road, including car parks to which the public have access, the Channel Tunnel complex and Dover Docks where RTA applies. Should you do so you will commit an offence for which you can be imprisoned."

Ring any bells ??
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Logician
post Tue, 12 Sep 2017 - 13:39
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The courts definitely have no say, once you get 6 points then it is up to the DVLA to do the revocation. As I said above, what must have been said is words to the effect that we have decided NOT to give you 6 points as that would mean your licence would be revoked, instead we shall disqualify you for 14 days. I think there is some justification for that in that the purpose behind revoking your licence and making you take the test again is to make sure that despite accumulating 6 points you are a competent driver, it is not primarily a punishment. But for document offences like no insurance, the 6 points is no indication that your driving is at fault, so arguably no reason to re-take the test, what is needed is a sharp reminder that you need to be very certain that your insurance is in order.


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Lmc1988
post Tue, 12 Sep 2017 - 13:41
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Have rang and spoke to someone at the court I have definitely been banned from driving for 14 days and she said there was nothing noted about any points so I must have misheard or misunderstood what was being said. Looks like it's the short term ban and fine with vic surcharge and court costs totalling £235. Will still check driving record online thanks for all of your advice
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StuartBu
post Tue, 12 Sep 2017 - 13:44
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Is it beyond the wit of man ,as in Courts ,to have the sentence typed out and printed and handed to the accused while he/she is in the dock ....
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Jlc
post Tue, 12 Sep 2017 - 13:48
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Ok, seems you've been 'lucky'.


--------------------
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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Lmc1988
post Tue, 12 Sep 2017 - 13:50
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QUOTE (Jlc @ Tue, 12 Sep 2017 - 14:48) *
Ok, seems you've been 'lucky'.


Have been very lucky don't know if it was a clean record/licence but it's done now! Thanks
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fedup2
post Tue, 12 Sep 2017 - 14:43
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Id be wanting it in writing from the courts or solicitor,these things have a habit of coming back to bite later.

If its as it now seems,Very lucky day.
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Lmc1988
post Tue, 12 Sep 2017 - 14:49
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My solicitor is writing to me with the outcome of today so will keep that for further issues arising but after speaking to the court seems that the ban and fine is the end of the matter
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