DVLA : Fine and Points.

[Signaller]

Hi,

need some advice please.

I received a letter from a Magistrates Court last week (Thursday) informing me of a fine (£525) and 6 points for an alleged offence of failing to disclose driver details.

Apparently it relates to a speeding offence some months ago, of which I am totally unaware of.

Two days later (Saturday) I received a letter from DVLA telling me to surrender my licence within 28 days, otherwise it would be revoked.

I drive lorries in my spare time, and it appears I was speeding and this was recorded by a fixed speed camera.

 

I am not trying to get out of a speeding charge.

If it is proved I was speeding, then I must have no problem accepting the offence.

My concern is the fact I knew absolutely nothing of this until I received the first letter last week.

Do I have to accept this, or is there anything I can do about it.

I am usually so careful with speed limits etc;

Shouldn't I be given the chance to either admit or defend the allegation?

The case was heard in the area where the alleged speeding offence occurred, not where I live.

The firm I was driving for at the time must have given the court my details, and I am wondering, if this is the case,

why would I be charged with failing to disclose driver details.

Any advice and information anyone can offer will be greatly appreciated.

Thank You.

Regards

Signaller

[crem]

]The firm I was driving for at the time must have given the court my details, and I am wondering, if this is the case, why would I be charged with failing to disclose driver details.

 

Someone else hopefully can help with where to go to appeal the proceedure in this first place, but the point about "failure to disclose" is that technically you have. If the company replied to their s172 stating you were the driver, then all this does is generate a new s172 to you directly. You must reply to the s172 stating you were the driver or naming someone else, who would then get their own s172. And so it goes on until someone replies "Yes" I was the driver. In this case, the accusation is that the compnay named you, and you did not reply to your s172 naming a driver, therefore you have "failed to disclose".

[Signaller]

Thank You for replying Crem. I understand what you say, but my problem is that I was not aware of anything until I received the letter from the Court and DVLA. Had I received the original NIP, I would obviously have replied to it. If I was indeed speeding, then I must answer to it, and I would have replied. I know I was driving on the date mentioned, and if the lorry I was driving was recorded as speeding then it could only have been me driving. I am not trying to get out of it. I would accept the charge of speeding, and I would have confirmed I was driving, but I have not had the opportunity to do so. Thanks again for replying.

Regards

Signaller

[crem]

Yes, I know you aren't trying to duck the speeding fine, but you now need advice on how to go about appealing the s172 offence, which I can't help you with. You need to be challenging the fact that you did not reply because you did not receive it, and give a reasonable explanation as to why this happened. e.g. if you no longer live at the address that the original company may have given to the police. (unlikely though coz they have found you at the right address now so presumably is the same)

[Signaller]

Thanks again for replying. My only defence is that I did not receive anything to do with this until I was notified of the fine, and points, for failing to disclose driver details. If there is proof (I'm assuming there is) of the vehicle I was driving was speeding then I would accept that without question. But I did not receive the NIP regarding the original charge of speeding..

Signaller

[Signaller]

Is there anyone who can advise me what to do next, or point me in the right direction. Thank You.

Regards

Signaller

[Raykay]

Contact the court, explain that you didn't receive any notification of the case and were convicted without your knowledge, ask for it to be re-opened under s.142 Magistrates Courts Act 1980.

[patdavies]

RayKay's advice is spot on.

 

Ensure that the DVLA are informed of what is happening in writing. Make ure the Court inform them if the matter is set aside for a new trial

[blackknight]

Was there a Tacho in the lorry?? if so the company will have records of who was driving and the speeds done.

[Signaller]

Just came off the phone to the Courts who dealt with it. I need to go to my local Magistrates Court and make a Statutory Declaration.This would then be sent to the Police force concerned, who will then most likely pursue the original alleged offrnce of speeding. Thank You to everyone who replied. Will post again when I know the final outcome.

Regards

Signaller

[Signaller]

I haven't posted for a while, as there was nothing to tell.I had my day in Court last week, and am pleased to let you know that the case against me was dismissed.The Magistrates found me a 'Very Credible Witness'. I just told the truth. I didn't receive the letters that were sent out.Thanks to everyone who replied.RegardsSignaller

[patdavies]

After 6 months, it is too late to lay a speeding charge - that is probably why the speeding has not been pursued

 

Your defence - as a credible witness - means that the failing to provide has now been overturned