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FightBack Forums > Queries > Speeding and other Criminal Offences
plugus maximus
Recently a person was caught by a police camera van speeding at 84mph on a Scottish motorway. The NIP was valid, the driver admitted the offence and took the option of 3 points and paying £60.00.

The licence was posted off with the cheque. But the licence was returned without any endorsements on the paper licence.

Has this individual escaped the punishment by a flaw in the system?
Is there are verifiable record held elsewhere which insurers can access?
What is this individuals stance? The licence is visibly clean after following all protocol!
Is the individual legally obliged to admit to any offence for insurance purposes?

Please help me help this person!
peterguk
Check with DVLA?

IMHO it's an error. Has the cheque been cleared?
plugus maximus
It's an error alright, but it doesn't clarify the situation. Is the DVLA the official record? When police make errors then the offence is normally cancelled/not completed.

I believe the cheque to have cleared.
ford poplar
Apply for a replacement licence. If no new points and fine cheque has cleared.............
AFAIK the Court awards the points, DVLA are the record keepers for PNC checks.
sgtdixie
Ask the DVLA. They are the source of information for the insurance industry and Police.

However you have been convicted of an offence and must disclose this to an insurance company.
Aretnap
It's a matter of fact that you've accepted the fixed penalty, and failure to disclose it could void your insurance. Whether your insurer would find out is another question, but nobody here is going to suggest trying to defraud them.

Quite possibly the fixed penalty office has informed the DVLA but neglected to write the details of the conviction on your licence. If so the DVLA will have a record of the points, and that record will soon be available to insurers.
plugus maximus
The DVLA has no records of any endorsements against the licence and the driving licence is clean.

Now what?!?! I believe they have chosen not to endorse the policy. Checks have been made, Protocol has been followed. Reasonable steps have been taken.
sgtdixie
You have been convicted. That is a fact and must be disclosed. For whatever reason should you be asked how many points you got you can say none as it appears that is what you have.

I would check again in a month just in case.
peterguk
QUOTE (plugus maximus @ Tue, 27 Aug 2013 - 10:06) *
I believe they have chosen not to endorse the policy.


I don't.

They can't choose not to endorse. I'd be phoning the office where the cheque was sent and getting to the bottom of it. It is clear your friend received a FPN.
southpaw82
QUOTE (plugus maximus @ Tue, 27 Aug 2013 - 10:06) *
The DVLA has no records of any endorsements against the licence and the driving licence is clean.

Now what?!?! I believe they have chosen not to endorse the policy. Checks have been made, Protocol has been followed. Reasonable steps have been taken.


they can't choose not to, as the offence carries mandatory endorsement. It's an admin error, nothing more.
If asked "have you ever accepted an FPN?" The answer must be "yes". If asked how many points you have on your licence the answer can be none but I would imagine this will trigger further enquiries, as the insurer would expect to see points following a speeding FPN.
glasgow_bhoy
I was told there was a massive admin issue with driving documents at Glasgow Sherriff Court at present. Therefore it might take about 8 weeks or even more before the points show with the DVLA.
anon45
QUOTE (sgtdixie @ Tue, 27 Aug 2013 - 10:27) *
You have been convicted. That is a fact and must be disclosed. For whatever reason should you be asked how many points you got you can say none as it appears that is what you have.

I would check again in a month just in case.


To be pedantic. acceptance of a FPN is not a criminal conviction, although it carries much the same consequences with regard to points, disqualifications, revocations and insurance.
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