I'll try keep this clear and break it down
1. Sold vehicle early Jan 19 (can't recall exact date, BACS came few days later) £50 Bacs transfer, DVLA form filled and sent next day.
2. Week or so later received a NIP - furnish driver details of an offence in our now ex-vehicle. I called the number on one of the documents which was Met Pound Perivale. Told them vehicle sold and DVLA form sent, they casually said discard the letter - I shredded it. Didn't read it further.
3. 2 Months later we receive court summons with copies of the documents at which point I came to learn is a S172. The document I didn't read which had an option C. If you longer have the vehicle let us know etc. I return court letters pleading "not guilty".
4. I visit a police station to make an enquiry as at this point I am not aware of what has happened after I've sold the vehicle. Turns out someone did a hit and run, but abandoned the vehicle. Police reported the incident on the 24th Jan 19 around 3pm. No description of the male just statement from victim.
5. I gather evidence of my whereabouts that day and time, manger provides biometric clock in and out sheet for they week. I work as a van delivery driver and that clock in and out covers the time of the incident. DVLA gave document stating we were not registered keepers as of 20th Jan 19. I gather proof of my online activity when I was selling the vehicle gumtree posts, emails etc.
6. During trial 9th December 19, found guilty, no discussion of the evidence we gave as proof I wasn't driving that vehicle and of the DVLA letter. (Which tells me I shouldn't even have received this letter, how can they not have real time data systems already). Fined £229, I accept as I didn't reply to the letter. I have 6 points for motorway speeding prior. Magistrates said with total 12 points you get 6 month ban, any reason why this would not be good, told them my wife's mobility scheme vehicle will not allow me to be named driver for her any more. Also my son requires transport due to his learning disabilities stopping him from travelling alone. Finally I would lose my job.
7. They said: as it would affect innocent parties we will not ban you, they did not mention the points. I left court thinking I've learnt a lesson about letters and got lucky. Two days later I received a letter stating I have been endorsed with 6 points. Called courts they confirmed this. So I got the points but no ban, I understand this now. However the reasons they didn't ban me still get affected with this conviction - lose job and can't driver wife in mobility vehicle.
8. I want to appeal. But not sure I can afford the costs.
I'm really struggling with understanding why I get points for not replying to a letter, am I being convicted for the driving offence? I have proof I wasn't driving. Or does the failure to reply to S172 warrant 6 points regardless, seems like this whole thing needs reviewing.
Now my employer is waiting for premium increase and will decide if I keep my job or not.
Any advice will be helpful to us, legal professionals might leave me more out of pocket seeing as I may lose my job.