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moch1
Hello need some advisement please.10 years clean licence no penatly point ever, First time got caught speeding and been summoned to court and I pleaded guilty for doing 101mph on 70 miles in court and judge banned me for 4 months and 400 fine(Scotland). My solicitor was surprised that I have been banned because 2 days ago for other client with 110mph he convinced judge to impose penalty point and ended with 5 points and 600 fine but same judge banned me without considering strong hardship given by Solicitor and I felt like I have been betrayed, however I accepted and came back home 2 days later I received enforcement order from court which says only 400 fine and no mention of BAN!! they also returned my license and I called my solicitor he said court made mistake and he can ask the court clerk to double check but I stopped him not to do anything. Well I also checked DVLA online licence check service and I can see court endorsed SP30 with ZERO penalty point only 400 fine. I am not sure what is correct any advise would be much appreciated. my questions are am I allowed to drive? what happens if I get caught by police as my DVLA record does not have ban will I get away or they will arrest me for driving while disqualified? Any advise will be much appreciated. Thanks
Gan
My understanding is that the DVLA record is the official one but, if you've paid a solicitor to handle the case, you should be asking him not a motoring forum

The difficulty might come at renewal time when an insurance company wonders why you were awarded no points for an SP30

moch1
~Gan I see where you are coming from I did ask and My solicitor believes that its an error and he will ask clerk to read the court minutes again and get this sorted and he says I have to send my license back to get banned and sent it to DVLA. The court enforcement letter I received it states as below

Offence and relevant Penalty details: 1. 70, 60, 50 MPH (TEMPORARY SPEED LIMIT) ORDER
1977 A2© − Fine £400.00

. Why is it problem for insurance company? SP30 can not be imposed without point?? What happens when police stop me as it says SP30 with no points is suspicious?
The Rookie
You have been disqualified from driving by a court, if caught driving during that period then you can be prosecuted for that offence so don't keep driving whatever DVLA have on record.

It would have been possible for the court to find you guilty of speeding and special reasons not to endorse, I'm not sure if that would still show as an endorsement code on your licence or not, seems unlikely though.

I'd ask your solicitor to earn his keep to be honest.

Highly irregular in Scotland to be banned for 101/70, did the sheriff not give the discount for the guilty plea (which normally turns a short ban into 5-6 points) as he should have done? I think I'd be appealing the sentence.
moch1
My solicitor said Judge was not in mood that day and he himself did not believe that I got BAN and also he says that I would have been banned for more duration as its common in Scotland to ban up to 6 months. My case was heard in sheriff court and I only get 7 days to appeal which period is passed now and also appealing process is expensive solicitor charging £2.5k which I can not afford. So I will not drive for 4 months what happens after my ban period is over? As per Law I have apply for new license if I have been banned for more than 55 days using D27 form, in my case DVLA has no record?
moch1
Any replies will be appreciated please, Can i go and get my self banned or just wait till 4 months and start driving? will i be legal to drive after 4 months without applying new license? What will be the consequences of SP30 endorsement without points? Please advise i am confused needing help to get back to life. Thanks
peterguk
QUOTE (moch1 @ Sat, 28 May 2016 - 10:53) *
Any replies will be appreciated please,


Patience. Your last post was less than 2 hours ago, and posters here have real lives beyond the forum. rolleyes.gif

As already stated, you have been disqualified from driving by a court, if caught driving during that period then you can be prosecuted for that offence.
moch1
Aye I understand that I am just terrified what happened and 3 months of stress ended up with confused outcome!! sorry for pushy. I will wait for replies mellow.gif
southpaw82
QUOTE (Gan @ Sat, 28 May 2016 - 01:26) *
My understanding is that the DVLA record is the official one

An incorrect DVLA record cannot overrule a court order but it would make practical enforcement of the disqualification difficult, as the OP will not, presumably, come back as disqualified if stop checked. That's not to say that he would not be guilty of driving while disqualified but it does mean he's unlikely to be caught. By virtue of s, 37(1) of the Road Traffic Offenders Act 1988 the licence is treated as revoked once the order is made. If the disqualification is for more than 56 days the licence is revoked permanently and has to be reapplied for at the end of the ban (it only doesn't have to be reapplied for if the ban is for less than 56 days by virtue of s. 37(1A)). I don't think a failing on the part of the court (if there has been one) not to endorse the licence in accordance with s. 44 would change that.
moch1
Thanks for good explanation and I will not risk it just use bike for 4 months. However the enforcement order sent by court to me does not says I have been banned and also while paying the fine over the phone I asked clerk is there anything else I need to do she said no we will send receipt and your licence back in post and also in Court enforcement letter does not state the ban just £400 fine. The only time I heard word BAN is when judge gave verdict and after that I did not see anywhere. In another point if I go back to DVLA to re-apply my license after the ban period using D27 form they might reject the application saying I have valid license never been banned!! its very confusing situation. So will i be legal to drive after 4 months without applying new license? What will be the consequences of SP30 endorsement without points?
Jlc
QUOTE (moch1 @ Sat, 28 May 2016 - 11:28) *
What will be the consequences of SP30 endorsement without points?

In terms of insurance, the offence occurred (SP30 is exceeding statutory limit on public road) but with 0 points but you would have to declare the ban period.

The paper counterpart (which was abolished) used to have a 'disqualification period' column.
Logician
QUOTE (moch1 @ Sat, 28 May 2016 - 11:28) *
Thanks for good explanation and I will not risk it just use bike for 4 months.


Fine if you mean a pedal bicycle, but if you mean a motorbike that would be the same as driving a car.

moch1
Lol!!! What confusing is though is it court mistake or DVLA mistake? Court document did not say BAN and not sure who to fault but story continues.!!
peterguk
Get your solicitor to call the court and confirm what sentence you received.
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