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DVLA Default Conviction due to not showing in court- never received anything.

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Dear all,

 

I desperately need advise ... here is my situation (long text as i am writing a complete recollection of what happened):

 

On Saturday 24 October 2015 i received a letter through the box from Collection and Compliance Titled "Further Steps notice"

In essence it says that since i have failed to make payments as directed following steps will be taken ... a few lines of VERY scary stuff. After that they give me 10 days to pay 800 pounds or the scary stuff will start to happen.

 

Now this comes as a complete shock i had NO idea what this is about. On Monday i called them and they told me that there has been a court case against me and they have been ordered to collect this money by the court. I have never been aware there is a court case to begin with. They put the collection on hold for 28 days and gave me case reference number.

 

On Monday 26 October 2015 i went to Levender Hill court to check what is this all about. I was told the following that the current case against me is for failure to provide information to the DVLA related to traffic violation or accident in addition to that for failure to show up in court and a few other failures related to the fact i never got anything. I asked what adress all of this was sent out and they gave my old address. They said that one of the notices were sent september. After talking with a friend he said i should check my V5C i just did that and it is on the new address. I checked the dat eof the document and it is 29 04 15. This should mean april, if they sent the stuff in September no idea why they were trying my old address. I also checked my driving license and it is on the new address since April as well.

 

I made a Statuory statement .. or something like that not sure what it was named, that said i never received anything and the first time i becase aware of this issue was Saturday 24-th. They took my details and scheduled a court date for 10-th of November.

 

I still have nothing through the post 29 October 2015 and i still do not know what the original offense is. All they said that the current case is for failure to provide information which carries 6 points and 660 pounds fine the rest is fines for not showing up and not paying when asked first time around.

 

This is as much as i can say right now and as much as i remember. I am completely lost. Never been involved in accidents, i have one speeding ticket in my entire life from 5 years ago and it never went on my record as i took the speed awareness course. Neither have i ever had problems with the police ... so you can imagine how scary this all feels right now.

 

Any advice is very welcome, initially i thought of just going to the court and being honest but i was advised by friends and also someone sort of related to law that i should not do that and i definitely need advise especially since its has gotten to the court and one needs to know what and how to say ... so here i am.

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A Statutory Declaration - s.14, Magistrates' Courts Act 1980 - should cancel the conviction and the matter referred back to the Crown Prosecution Service who then decide whether to contionue with the prosecution or not. If they do, they start from the beginning again - reissuing summones etc.

 

It sounds like the court mistakenly treated your declaration as an application to re-open the case with a new hearing - s.142 of the same act.

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OKay ... so what does that mean ? I am utterly confused now :)

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As you knew nothing about the case, the conviction should have been cancelled and the matter referred back to the CPS to begin again from the start.

 

Instead you have just been given a date for a new hearing, where you would be expected to plead guilty or not guilty, without being served with summones and other information to enable you to defend yourself.

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Ah, i see. This i understand ! I thought it was odd i got a direct court date ? But why would they do that ? What can i do now ?

I have no legal training so i thought that this hearing was actually to decide if a case should be indeed opened or just cancelled and i could go and deal with the DVLA on the original offense and this will be it ? It seems i have been too naive.

 

What should be my next steps ?

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You could contact the court and see if they treated your declaration under s. 14 or s.142. It should have been s.14, and sorry, it is the DVLA who need to decide whether to proceed or not, not the CPS.

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So does it make sense for me to contact the DVLA and ask them what is going on and what the next steps will be ?

Or do i need still to deal with the court ? If i call the DVLA can they stop proceedings from their end ?

 

Also thank you very much for the advise ... this makes more sense now little by little.

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You could try the DVLA, explain that you knew nothing about the court case and have made a Statutory Declaration at court, and will they cancel everything.

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Fun fact i discovered yesterday but didn't have the time to post. The DVLA have nothing on me. I called and my license is absolutely clear. They didn't know there is anything going against me.

 

Also apparently the original motoring offense was a triggered automatic camera. The bad thing is indeed it happened exactly the 3 months i was away and didn't change my address.

Now i am confused if the DVLA has nothing on me and it is already with Collection and COmpliance am i better off paying it all instead of going to court. It doesn't seem logical that they will add anything to my license now after it has been all done and finished already ?

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