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kw6123
I am looking for some advice for my friend please. He received a speeding ticket in April 2020, paid the fine and accepted he would get 3 points on his license. He had previously had 1 other speeding offence around 2 years a go. However, he has now received a court summons for driving whilst disqualified at the time of the speeding offence. This was a big shock as he was not aware of being disqualified. He has been very unwell with mental health the last 2 years and does not open any post until recently. He is on medication after having a full breakdown relating to stress, and is under the care of community nurses still. So he has not seen any letters about losing his license. We checked DVLA and he had been banned from driving some time a go with the ban due to expire in May 2020. This was down to 3 points from one other speeding offence and 6 points from driving without insurance. However, neither of these offences were him! His 'friend' who now lives 2 hours away owns a car which is registered in my friends name. He never asked the reason why he couldn't register it in his own name as he has autism and avoids all conflict. He will basically do anything someone asks him to. He asked the friend and he admitted to the speeding ticket and for being stopped for driving whilst uninsured and giving false information to the police. As the car was registered in my friend's name, when he was stopped he gave the police my friend's name, date of birth and address when they asked for his details! So now my friend doesn't know what to do. He wants to do two things, firstly he wants to explain how he was unaware of the driving ban due to his mental health. His doctor would be able to verify that he has huge anxiety over opening any post and would have missed any letter notifying him. Secondly he wants to argue the 9 points on his license that were in fact his friend (now ex friend). He does not care that the ex friend would receive charges for giving false details to police and for the motoring offences. How does he go about all this? We are worried that by trying to prove he was unaware of the ban he will be admitting to still driving the whole time rather than the one time on record. Could he get in more trouble for this? Or would this no longer be applicable as the ban was an error in the first place? I am helping him apply for legal aid for a solicitor but wanted to ask this initially. The state he is in he won't be able to attend court as he can't even leave the house without support at the moment. Any advice greatly appreciated. Thanks
The Rookie
He needs to make a statutory declaration to the fact that he wasn’t aware of the prosecutions, that is the first step.

This can be done at the local court, phone and make an appointment, if performed (or they take the date it was booked) within 21 days this has to be accepted. This will rest the cases back to the summons stage. He can clearly plead not guilty to both charges as he didn’t commit the crimes.

Once that has been cleared up he will never have been banned which resolves the new issue.

The other thing is he needs to contact DVLA and get the car out of his name as this ‘friend’ (********) is probably likely to do it again.

He could also make a complaint at a police station stating how this person has committed and act designed to pervert the course of justice (for which a potential jail sentence is a distinct probability).
Logician
This is a bit confused, he would not have been disqualified for having 9 points on his licence, he could have been disqualified for 12 points as a totter, but then he would not longer have those points. There may be other offences that have led to his disqualification and more investigation is needed. His licence might have been revoked for failing to send to send in his licence when requested, but that would not be for a set period.

From your description of his mental state, the question arises of whether he should be driving at all.

I think a consultation with a specialist motoring solicitor would be advisable.
kw6123
Sorry just to clarify, he had an older speeding offence himself which was 3 points. His friend then got a speeding offence for another 3 points making a total of 6. His friend then got stopped for driving without insurance which was a further 6 points, making a total of 12 points and thus resulting in a loss of license (we assume). No other points are recorded on his license.

He hasn't driven since June when he was sectioned for his mental health and wont be driving for the forseeable future due to his illness and medication. He has declared his own car as SORN for now

Thank you for the advise regarding statutory declarations, I will suggest this to him. With regards to transfering the car to the friends name he has already asked me to help with this too as he is getting debt letters for parking tickets as well. I am just looking in to how as he doesn't have the logbook or any paperwork for the car
The Rookie
You have 21 days, so get that stat dec booked.

Phone DVLA on Monday.
kw6123
Oh it's been 18 months since his friend was stopped so maybe a stat dec is no longer an option then
IanJohnsonWS14
He has 21 days from finding out about the conviction, not 21 days from the conviction.
The Rookie
He will also need proper advice in dealing with the parking tickets, a Police report number is really going to be a must even if it means the ‘friend’ goes to jail.
kw6123
I posted previously about a friend where someone else has registered a car in my friend's name and then given false details to the police when stopped, and he has now lost his license due to point totting. We've checked his license online today and he has 14 points! Most of which he knows nothing about and then some points for failing to provide information. Is there any way to obtain the specific information for each offence, such as the registration of the car involved and the location? He is trying to work out which would have been his friend and which could have been him but online it just says the name & date of offence along with the number of points. Thanks
cp8759
It should give the name of the court that imposed the points, if your friend calls the court he should be able to get the full details from there.
kw6123
QUOTE (cp8759 @ Wed, 26 Aug 2020 - 21:08) *
It should give the name of the court that imposed the points, if your friend calls the court he should be able to get the full details from there.


Thank you. We just checked and two offences list the court but two of them unfortunately are blank or say "no information to display"
cp8759
QUOTE (kw6123 @ Wed, 26 Aug 2020 - 22:53) *
QUOTE (cp8759 @ Wed, 26 Aug 2020 - 21:08) *
It should give the name of the court that imposed the points, if your friend calls the court he should be able to get the full details from there.


Thank you. We just checked and two offences list the court but two of them unfortunately are blank or say "no information to display"

Then you'll need to contact DVLA to find out which court it is.
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