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Banned and wasn’t aware
Typan
post Wed, 7 Feb 2018 - 20:55
Post #1


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Member No.: 22,876



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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Posts in this topic
- Typan   Banned and wasn’t aware   Wed, 7 Feb 2018 - 20:55
- - AntonyMMM   So he never made the Statutory Declaration ? It i...   Wed, 7 Feb 2018 - 21:22
- - Jlc   Quite difficult to advise 3rd hand. Send three an...   Wed, 7 Feb 2018 - 21:23
- - Typan   Thanks Antony / JLC 😊 he didn’t actually m...   Wed, 7 Feb 2018 - 21:56
- - Jlc   I would suggest looking up the points on his licen...   Wed, 7 Feb 2018 - 22:02
- - Typan   Would the 6 points not be for the driving 70 on th...   Wed, 7 Feb 2018 - 22:13
|- - BaggieBoy   QUOTE (Typan @ Wed, 7 Feb 2018 - 22...   Wed, 7 Feb 2018 - 22:58
- - Jlc   So was a fixed penalty not paid? (We don't ap...   Wed, 7 Feb 2018 - 22:16
|- - Typan   QUOTE (Jlc @ Wed, 7 Feb 2018 - 22:16...   Wed, 7 Feb 2018 - 23:09
|- - southpaw82   QUOTE (Typan @ Wed, 7 Feb 2018 - 23...   Wed, 7 Feb 2018 - 23:13
|- - Typan   QUOTE (southpaw82 @ Wed, 7 Feb 2018 - 23...   Wed, 7 Feb 2018 - 23:27
|- - Logician   QUOTE (Typan @ Wed, 7 Feb 2018 - 23...   Thu, 8 Feb 2018 - 00:02
|- - Typan   QUOTE (Logician @ Thu, 8 Feb 2018 - 00...   Thu, 8 Feb 2018 - 01:07
- - Logician   OK, missed that. Usually in these cases they charg...   Thu, 8 Feb 2018 - 02:07
|- - Typan   QUOTE (Logician @ Thu, 8 Feb 2018 - 02...   Thu, 8 Feb 2018 - 08:20
- - BertB   Looking at what little information, third hand acc...   Thu, 8 Feb 2018 - 07:14
|- - BertB   Throw in that his "70 in a 50" attracted...   Thu, 8 Feb 2018 - 14:16
- - Jlc   I think there are two offences in play - has the d...   Thu, 8 Feb 2018 - 08:37
- - The Rookie   It does sound to me almost certainly like two sepa...   Thu, 8 Feb 2018 - 12:53
- - Typan   Thanks everyone he has now sent in an email asking...   Thu, 8 Feb 2018 - 14:22
- - The Rookie   Not at all, a 6 month totting ban removes the poin...   Thu, 8 Feb 2018 - 14:26
|- - Typan   QUOTE (The Rookie @ Thu, 8 Feb 2018 - 14...   Thu, 8 Feb 2018 - 14:56
- - nosferatu1001   No, it states you are disqualified AND that you ...   Thu, 8 Feb 2018 - 14:27
- - Jlc   So it was 2 offences. The first seems sunk now if...   Thu, 8 Feb 2018 - 14:46
- - The Rookie   He can only appeal the second offence in my opinio...   Thu, 8 Feb 2018 - 14:58
|- - Typan   QUOTE (The Rookie @ Thu, 8 Feb 2018 - 14...   Thu, 8 Feb 2018 - 16:19
- - Jlc   In hindsight he should have continued with the SD ...   Thu, 8 Feb 2018 - 16:47
|- - Typan   QUOTE (Jlc @ Thu, 8 Feb 2018 - 16:47...   Thu, 8 Feb 2018 - 18:50
- - Jlc   Ball is completely in your court. Application nee...   Thu, 8 Feb 2018 - 19:09
- - The Rookie   If you perform a stat dec then the disqualificatio...   Thu, 8 Feb 2018 - 19:09
|- - Typan   QUOTE (The Rookie @ Thu, 8 Feb 2018 - 19...   Thu, 8 Feb 2018 - 21:26
- - southpaw82   Criminal Procedure Rules, rule 34.2 QUOTE (3) The...   Thu, 8 Feb 2018 - 19:43
- - The Rookie   He’s going to have to be a lot more active. Wha...   Thu, 8 Feb 2018 - 22:03
|- - Typan   QUOTE (The Rookie @ Thu, 8 Feb 2018 - 22...   Fri, 9 Feb 2018 - 14:50
- - The Rookie   Your assuming, and are almost certainly wrong, if ...   Fri, 9 Feb 2018 - 14:58
|- - Typan   QUOTE (The Rookie @ Fri, 9 Feb 2018 - 14...   Fri, 9 Feb 2018 - 15:28
|- - The Rookie   QUOTE (Typan @ Fri, 9 Feb 2018 - 16...   Fri, 9 Feb 2018 - 15:42
|- - Typan   QUOTE (The Rookie @ Fri, 9 Feb 2018 - 15...   Fri, 9 Feb 2018 - 15:44
- - BertB   QUOTE (Typan @ Thu, 8 Feb 2018 - 08...   Fri, 9 Feb 2018 - 15:37
|- - Jlc   QUOTE (BertB @ Fri, 9 Feb 2018 - 15...   Fri, 9 Feb 2018 - 19:15
|- - BertB   QUOTE (Jlc @ Fri, 9 Feb 2018 - 19:15...   Mon, 12 Feb 2018 - 13:48
- - Typan   He has now received an appeal for this Friday at 2...   Wed, 14 Feb 2018 - 14:53
- - The Rookie   I presume you mean received a date for his appeal?...   Wed, 14 Feb 2018 - 18:03
- - Typan   They have told him the magistrate will decide if t...   Wed, 14 Feb 2018 - 21:33
- - Logician   Yes, pending the appeal.   Thu, 15 Feb 2018 - 00:28
- - Typan   He has to go to the magistrate court that banned h...   Thu, 15 Feb 2018 - 22:20
- - Logician   Has he obtained and submitted an appeal form? If n...   Thu, 15 Feb 2018 - 23:23
- - Typan   No they just told him to appear today ?   Fri, 16 Feb 2018 - 13:55
- - Typan   His ban has been lifted pending appeal, does he ne...   Fri, 16 Feb 2018 - 15:50
- - Logician   Her could have asked for one while he was there, b...   Fri, 16 Feb 2018 - 22:45
- - The Rookie   As the court seems to have accepted some sort of â...   Sat, 17 Feb 2018 - 06:16
- - Typan   You are using your level of competency to judge an...   Sat, 17 Feb 2018 - 10:23
|- - southpaw82   QUOTE (Typan @ Sat, 17 Feb 2018 - 10...   Sat, 17 Feb 2018 - 12:48
- - Typan   I am extremely grateful for advice given but if pe...   Sat, 17 Feb 2018 - 14:53
|- - Logician   QUOTE (Typan @ Sat, 17 Feb 2018 - 14...   Sat, 17 Feb 2018 - 16:07
|- - Typan   QUOTE (Logician @ Sat, 17 Feb 2018 - 16...   Sat, 17 Feb 2018 - 17:53
- - The Rookie   He will have almost certainly been told what would...   Sat, 17 Feb 2018 - 18:05
|- - Typan   QUOTE (The Rookie @ Sat, 17 Feb 2018 - 1...   Mon, 19 Feb 2018 - 13:15
- - Typan   So he has received an appeal form today however th...   Wed, 21 Feb 2018 - 21:32
|- - BertB   QUOTE (Typan @ Wed, 21 Feb 2018 - 21...   Fri, 23 Feb 2018 - 00:41
- - NewJudge   You (or rather he) needs to make absolutely sure a...   Thu, 22 Feb 2018 - 12:50
- - henrik777   Get a lawyer. Ask around locally for someone who d...   Thu, 22 Feb 2018 - 13:38
- - NewJudge   I've had a look through this thread now and I ...   Thu, 22 Feb 2018 - 21:16
- - Typan   QUOTE (NewJudge @ Thu, 22 Feb 2018 - 21...   Thu, 22 Feb 2018 - 23:47
|- - peterguk   QUOTE (Typan @ Thu, 22 Feb 2018 - 23...   Thu, 22 Feb 2018 - 23:54
- - Typan   He has categorically been told by the court the ba...   Fri, 23 Feb 2018 - 07:37
|- - peterguk   QUOTE (Typan @ Fri, 23 Feb 2018 - 07...   Fri, 23 Feb 2018 - 08:49
|- - BertB   QUOTE (Typan @ Fri, 23 Feb 2018 - 07...   Fri, 23 Feb 2018 - 13:27
|- - The Rookie   QUOTE (Typan @ Fri, 23 Feb 2018 - 07...   Sat, 24 Feb 2018 - 08:41
- - Typan   Sorry I haven't posted for a while but I didn...   Fri, 2 Mar 2018 - 13:52
|- - peterguk   QUOTE (Typan @ Fri, 2 Mar 2018 - 13...   Fri, 2 Mar 2018 - 14:05
|- - Typan   QUOTE (peterguk @ Fri, 2 Mar 2018 - 14...   Sat, 3 Mar 2018 - 10:00
|- - peterguk   QUOTE (Typan @ Sat, 3 Mar 2018 - 10...   Sat, 3 Mar 2018 - 10:09
- - Redivi   I also had to read it several times The disqualif...   Sat, 3 Mar 2018 - 10:52
- - NewJudge   Then his best bet is simply not to appeal. I don...   Sat, 3 Mar 2018 - 12:12
- - notmeatloaf   It would still be worth checking the DVLA database...   Sat, 3 Mar 2018 - 12:52
- - Typan   I think it might be because there was no record of...   Sun, 4 Mar 2018 - 08:52
- - NewJudge   QUOTE (Typan @ Sun, 4 Mar 2018 - 08...   Sun, 4 Mar 2018 - 13:18
- - Typan   Sorry I have not responded for a while but it has ...   Wed, 21 Mar 2018 - 10:29
|- - peterguk   QUOTE (Typan @ Wed, 21 Mar 2018 - 10...   Wed, 21 Mar 2018 - 10:41
- - Typan   Hi, she followed it up in an email, I will copy be...   Wed, 21 Mar 2018 - 13:23
|- - Typan   QUOTE (Typan @ Wed, 21 Mar 2018 - 13...   Wed, 21 Mar 2018 - 18:57
|- - Dwaynedouglas   Please forgive me if I'm wrong here... From r...   Thu, 22 Mar 2018 - 09:54
- - southpaw82   Forgive me for not reading the whole thread again ...   Wed, 21 Mar 2018 - 17:21
- - The Rookie   In summary, he found out about the first convictio...   Wed, 21 Mar 2018 - 17:34
|- - Typan   QUOTE (The Rookie @ Wed, 21 Mar 2018 - 1...   Wed, 21 Mar 2018 - 18:25
|- - cp8759   QUOTE (Typan @ Wed, 21 Mar 2018 - 18...   Wed, 21 Mar 2018 - 18:44
|- - The Rookie   QUOTE (Typan @ Wed, 21 Mar 2018 - 19...   Wed, 21 Mar 2018 - 19:02
|- - Typan   QUOTE (The Rookie @ Wed, 21 Mar 2018 - 1...   Wed, 21 Mar 2018 - 19:41
|- - peterguk   QUOTE (Typan @ Wed, 21 Mar 2018 - 19...   Wed, 21 Mar 2018 - 20:45
|- - Typan   QUOTE (peterguk @ Wed, 21 Mar 2018 - 20...   Wed, 21 Mar 2018 - 21:08
|- - peterguk   QUOTE (Typan @ Wed, 21 Mar 2018 - 21...   Wed, 21 Mar 2018 - 21:10
|- - Typan   QUOTE (peterguk @ Wed, 21 Mar 2018 - 21...   Wed, 21 Mar 2018 - 21:40
- - southpaw82   Poor badmin - not sure what results he’s expecti...   Wed, 21 Mar 2018 - 17:50
- - The Rookie   As has been gone through in the thread already, on...   Wed, 21 Mar 2018 - 19:44
|- - Typan   QUOTE (The Rookie @ Wed, 21 Mar 2018 - 1...   Wed, 21 Mar 2018 - 19:51
- - southpaw82   Perhaps the underlying offence wasn’t proceeded ...   Wed, 21 Mar 2018 - 21:53
|- - Typan   QUOTE (southpaw82 @ Wed, 21 Mar 2018 - 2...   Wed, 21 Mar 2018 - 22:41
- - BertB   When the Warrington case is put back to summons st...   Thu, 22 Mar 2018 - 14:21
- - Typan   So SIL has now got a date for his SD at a local co...   Tue, 27 Mar 2018 - 21:01
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