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chids
I moved home sometime towards the end of February 2010 to a different town. I have not driven ever since. Because I was not driving I forgot to change my address and my licence was misplaced along the way as well. i just had a job offer that requires driving , so stupid me I am looking for my licence. I am also in the process of moving home again. I sent off my papaer counterpart for a change of address and replacement licence and enclosed my £20 fee for replacement.

The work people want to see my licence, so I told them I had sent it to DVLA. I then decided to follow up my case with DVLA who told me today that their was points on my licence for not providing details of the driver for traffic light offence. The offence is recorded as 23 February 2010 ( don't know whether this traffic offence or failure to inform) so they have slapped an MS90 on my licence. The conviction was on 22 June 2010. As I had left my house I never received any information regarding the court proceedings.

I phoned the court and was told to write a letter stating that I had no knowledge of the court proceedings.

What else is available for me?

The work people are obviously breathing down my neck to want details of my licence before I can start but I do not want them to see MS90.

What can I do?
jobo
its not the DL thats the issue its v5 log book, was this your car ? registered in your name, is it still in your name ?

you can make a statutory deceleration at the( any) court, that effectively kills the prosecution and it returns to summons stage, do not be lead down the path of having the case re opened, which is what they will do if you send that letter
chids
Jobo

Thanks jobo for the quick response, so what is the difference between going to a court to make SD and writing... I mean why do they treat it differently
jobo
there are 2 ways out of a conviction you didnt know about, one is a stat dec which takes it right back to the beginning and re opening, which means you could be back in court in 10 days

i suppose it amounts to the same thing, but a stat dec puts you in a much stronger position and gives you a lot more time to prepare and the ms 90 will not be in existance when you show your new employer your DL

you have to attend the court in person, but this could be a court in your new town, if you can get the details of the conviction from the original court
chids
jobo

I will be going to my local court then on Monday as on Friday I will be away , thanks a lot.

If you write a letter and go to sign an SD, which one takes precedence?

Another thing, will I still be prosecuted for the alleged traffic light offence even if this conviction is set aside
Glacier2
Don't start writing letters.

Make a SD. Do nothing else. No essays. Just the facts.

chids
Glacier 2

Thanks for that


I like your no-nonsense approach
andy_foster
QUOTE (chids @ Thu, 6 Oct 2011 - 19:59) *
Another thing, will I still be prosecuted for the alleged traffic light offence even if this conviction is set aside


If the original summons was for the traffic light offence as well as the failure to provide information, they are likely to prosecute you for it. If not, they can't as it would be too late to lay an information (apply for a summons).
chids
I have just been to my local court and they have agreed to let me sign the SD, however the original charge was dual , so will likely be prosecuted for the original TS10. I will be going tomorrow for signing. They will then send the form back to the original court where the conviction was made and then that court will inform DVLA. My question is how long does the process between signing and DVLA being informed take?
jobo
about a week at a guess ? but ring them up yourself and pass on the details of the stat dec to them and hopefully get them to ring the court up to confirm


it will now go back to the cps who will have to deiced if to reissue the summons, which they almost certainly will do

if as seems likely they dual charge again you are left with a choice,, you have a defence to both and can walk out with no points, or take the more pragmatic option and agree to plead guilty to the TL if they drop the 172, which it seems they are quite willing to do in most situations
chids
Jobo

Thanks mate, your advice last week was spot on and hopefully I will be sorted. You mention I have defence for both there...but I thought I only had defence for the failure to supply but not the traffic light one since they can provide photographic evidence....clarify please
CuriousOrange
I'm supposing the defence to the traffic-light offence is that (since you never replied to the S172 request) they've no proof that you were the driver.

jobo
with out your admission on the 172 that you were the driver, they just have evidence that someone went though a red light, but not that it was you, this can get quite tricky in court requiring you to decline to go in the witness box and the court can get a bit iffy about it, but to the law they have no evidence of driver and cant force you to give it and cant convict, depends if your up for a fight or just want an easy way out of the ms 90
chids
Talked to DVLA and they said if I get the court to email them the statutory declaration they can sort it out as urgent in 48 hours. So tomorrow I will ask the court to do so and see where it gets me...all I need is the MS90 out of the way , but having the TS10 out of the way would be agreat bonus...if I can mange it....
chids
Guys, guys, JOBO in particular and the rest of you guys, thanks a lot for your advice, faxed my own SD on Friday , got the court to fax their copy on Tuesday and today got my points removed, starting my new job on Monday...thank you guys....
jobo
our pleasure, dont forget its will come back, but at least your starting on level ground
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