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Viperz43
I passed my driving test on 03/12/2009

Jan 11 - my car was driven through a red light at a main road junction in Nottingham (traffic light camera flashed) Jan 11 - 2 weeks later, NIP arranged, it werent me driving at the time, and the alleged driver was incoperative with me, couldnt get hold of him too, a few weeks later managed to get him fill in the form.

Feb 11 - middle of the month, i recieved a letter from Notts police, saying that they've tried to get hold of the alleged driver but he has not responded and so on, and that if they dont get him i could get summoned

May/june 11 - I was summoned to the Notts magistrate court for around july/august time, the summons has quite a few paperwork, photos, NIP, and the letter, to which i recieved in Feb about how they cant get hold of the alleged driver, since ive misplaced all paperwork due to home improvements, i can remember 'failure to provide drivers details' written in the summons.i tracked the driver down and had him write a testimony sayin he was driving through the red light and so on.

July 11 - i recieved a letter from Notts Court, sayin i dont have to come to court, and they're making enquires, i thought its finished and can carry on with my life.

Sept 11 - i recieved another summons to attend court 02/11/2011

Nov 11 - 31/10/11 i slipped down my home stairs and sprained my lower back, so i got a sick note from my gp 01/11 sent it by special delivery to the court, asking for adjournment.

Well since i was due in court on 02/11/11, i DID send a sick note to them the day before, the is a strong fact that it did not get to the right people in time, a week later now on 08/11/11 the DVLA sent me a letter, saying my license has been revoked due to endorsments. Because my license is still in its probationary period and i got 6 points they revoking it. but my license would be 2 years old on 03/11/12, a matter of a few left to 03/12! can this be right. also the courts sent me a fine order - they've fined £625, 525 fine, 15 victim surcharge and 80 costs.

What can i do,

i lil evil side of is saying, to lodge a appeal right, tell the dvla, they'll unrevoke the license right, if the court case is passed 03/12/11, and i dont succeed then dvla wont be able to revoke my license because by then my license will be 2 years old i wont be accountable under the new drivers act, they probably still stamp the 6 points on?
southpaw82
Doesn't work like that. If the offence was committed within two years of obtaining your licence you're in line for revocation.
Logician
You are going to have to get the case heard again and mount a successful defence to get these points off. You can either lodge notice of appeal, as you say, or a quicker and cheaper route would be to request the magistrates court to re-open your case under their powers given by s142 Magistrates Courts Act 1980 as it is in the interests of justice to do so, since the case against you was heard in your absence despite you having submitted a sick note to the court prior to the hearing, which unfortunately did not reach the right people.

The only problem might be if the sick note was a standard format saying unfit for work, not unfit to attend court. It is possible that if it did and said simply bad back, the magistrates looked at it and decided to go ahead anyway.
johnjo42
There are two quite separate issues here:

1. If you accumulate 6 or more points for an offence or offences committed within 2 years of passing your driving offence your licence is automatically revoked and you have to start all over again by applying for a new provisional licence and retaking both parts of the driving test. All the rules about learner drivers apply including L plates, supervisor, insurance. Note it's the date of the offence that counts.

There is no right of appeal as it is purely administrative and the Court is not involved. 2. Just because someone applies for an adjournment, be it on health grounds or not, doesn't mean that the Court has to grant one. The Court may consider the application and refuse it and then proceed in absence. If that happens, you can apply under S142 to reopen the case or you can appeal. Whichever you decide you have to get on with it.

The merits of the case seem quite good. You named the person who was driving and it matters not that this person won't co-operate. That's nothing to do with you. I have had similar cases all of which have been thrown out.

Provided you can convince the Court that you complied with the notice that's all there is to it. If it later turns out that you lied, you'll get done later for perverting the course of justice.

In the mean time, your licence remains revoked and you must not drive.

JJ
jobo
QUOTE (Viperz43 @ Mon, 14 Nov 2011 - 20:14) *
I passed my driving test on 03/12/2009

Jan 11 - my car was driven through a red light at a main road junction in Nottingham (traffic light camera flashed) Jan 11 - 2 weeks later, NIP arranged, it werent me driving at the time, and the alleged driver was incoperative with me, couldnt get hold of him too, a few weeks later managed to get him fill in the form.


think this might be a problem ?
jimster
Me too

All you had to do was name the driver, sign the form and send it back in time .... home and hosed

And if the driver played funny-buggers you could show he was insured to drive your vehicle presumably?
Logician
Yes, that may complicate matters but it does seem as if Notts Police accepted the form and went looking for the driver but could not trace him. The OP may may have signed the form himself, having tracked down the driver to get his details, or the police did not pick up on the point that the wrong person signed it or whatever, but until the OP gets it back into court nothing can be sorted out about it.
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