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FightBack Forums > Queries > Speeding and other Criminal Offences
Hi guys posting a rather late message here for my friend, in a last ditched attempt to perhaps rescue his licence.

Now the situation is as follows my friend gets pulled over a year ago and receives a verbal NIP, the officer informs him he recommending him for 4 point because of his failure to stop immediately when the lights came on (not on purpose might i add). Now he already has 3 point on his licence, +4 makes 7 within his first two years, licence revoked.
However here is where it get complicated, the officer informs him he can continue to drive untill he is summonsed to court. No summons is received, although not the registered keeper (named driver on his dads car) he's unsure whether his dad completed the nip, but he is sure that no fine was paid either by him or his dad and doesn't recall signing anything and did not surrend his paper document. Now, i would have known that i lost my ability to drive, but because he didn't receive the nip (or it wasnt made aware to him and completed by other parties)he drives in ignorance for a year long period, assuming that he has his gone past his 2yr probation period, and any point awarded will not matter.
A year passes and he's driving for a very large heating firm, in which time i might add he's had several accidents (at least 4) in their vehicles. He gets pulled by the police about 3 months ago for being on the phone whilst driving. A driver check confirms revoked licence, and he's informed that a referral to court is being made for no Licence, no insurance and on the mobile whilst driving.

I would like to add that a few of his accidents have been big ones involving several cars, and i would have thought that part of a insurance claim process would be to check licence status. The reality of the situation is that my friend was living in naive ignorance after he got pulled, and due to several address changes perhaps thought he was one of the lucky ones to escape the 4 points. The accidents he had reinforced in his mind that his licence was still active and valid.

My question is what can he expect the punishment to be? He seems to be convinced that the 4 point can be removed (which i believe they can not), and wants to contest the legitimacy of the 4 points (he also claims that the police didn't have any type of speed recording device when he got pulled and it was on their statment of 'excessive speed' alone.) His theory is that the removal of the 4 will prevent the charges of no licence, no insurance and he will be left with the original 3 +3 for driving on the phone.
Thanks in advance
Pete D
There would have been no NIP, he got a verbal one and no doubt a caution form the ploice as the pull. He should have then but before 6 months or so had a summonds issued to him and a court date sent to the address he either gave to the ploce or the address of the registered keeper. You say "and due to several address changes" so what address did he give the police and why did he not report the change of address. Pete D
When he moved house, did he inform the DVLA of his new details?

Most likely what would have happened was that a summons would have been served at his last known address, and he would have been tried and convicted in his absence. His licence would have been revoked, either for failing to surrender it for endorsement, or under the New Drivers rules.

He may be able to get the judgment set aside by making a statutory declaration that he did not receive the summons, but if the case is re-heard and he is convicted, the offence would still be within the probationary period, regardless of when the conviction was.

Yes he moved several times within the year, and only updated the dvla recently and as soon as he did he got the letter regarding the 3 motoring offences but nothing about the previous 4 points. However i need to add that the summons for the 4 points was for a car registered to his dads address (which hasn't changed) so surely that should have been sent there?
How does the penalty system work? In theory with the 7 already my mate has lost his licence and needs to retake but with an extra possible 15 point how would this work into a ban? Would the points need to be expire before driving would be allowed?
he should only get the points for the most serios of the offences which occured to gether ie no insurance

though this with his 4 points may take him into toting up land 6 months

he could ask for a short ban instead of the points for this
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