Won my case - DVLA still want to endorse me!?
Won my case - DVLA still want to endorse me!?
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Discussion

lucozade

Original Poster:

2,574 posts

299 months

Tuesday 19th August 2003
quotequote all
I just won a speeding case a couple of weeks ago and was given absolute discharge from the offence.

I've now received a letter from the DVLA advising that they require my license to endorse it.

I've asked the DVLA to tell me what they want to endorse and they have said they want to put it on my license that I was pulled for speeding, went to court but WON! - eh?

I'm awaiting on a supervisor calling me back.

Does anybody have a clue?

lucozade

Original Poster:

2,574 posts

299 months

Tuesday 19th August 2003
quotequote all
I've now been told the court has requested it be endorsed yet in court I was given absolute discharge...

Do accused buglars or rapists get this kind of treatment ?

mrs fish

30,018 posts

278 months

Tuesday 19th August 2003
quotequote all
That sounds absolutely quackers

206xsi

49,322 posts

268 months

Tuesday 19th August 2003
quotequote all
Write them a polite letter offering to get your solicitor involved, and offering to charge them all costs involved in doing this.

Wait for the 'sorry for your inconvenience' letter back....

Size Nine Elm

5,167 posts

304 months

Tuesday 19th August 2003
quotequote all
According to this, an offense with a sentece of 'absolute discharge' is spent after 6 months under the Rehabilitation of Offenders Act 1974.

Not sure if this helps regarding getting your licence endorsed, but it does mean you should be able to get it removed after 6 months.

lucozade

Original Poster:

2,574 posts

299 months

Tuesday 19th August 2003
quotequote all
I just can't believe it! The letter from the DVLA threatens me with removing my license all together if I don't comply.

I've now had to instruct my lawyer to discuss this matter with the courts - what a bunch of total ws!

gh0st

4,693 posts

278 months

Tuesday 19th August 2003
quotequote all
lucozade said:
I just can't believe it! The letter from the DVLA threatens me with removing my license all together if I don't comply.

I've now had to instruct my lawyer to discuss this matter with the courts - what a bunch of total ws!


ws and sore fking losers and all by the sounds of it.

Probably bitter that they wont be getting their commision from your 60 quid!

lucozade

Original Poster:

2,574 posts

299 months

Tuesday 19th August 2003
quotequote all
Size Nine Elm said:
According to this, an offense with a sentece of 'absolute discharge' is spent after 6 months under the Rehabilitation of Offenders Act 1974.

Not sure if this helps regarding getting your licence endorsed, but it does mean you should be able to get it removed after 6 months.


Cheers, just had another call from the DVLA.

The court has admitted that they entered the wrong information when updating my case notes. They will send a correction request to the DVLA but until such times as the DVLA get it it will remain on my records!!!!

Makes you wonder if this is deliberate or just simply a mistake

docevi1

10,430 posts

268 months

Tuesday 19th August 2003
quotequote all
and your compensation claim for the lawyer speaking to the courts? That'll be expensive I guess.

Stefan

gshughes

1,318 posts

275 months

Tuesday 19th August 2003
quotequote all
What were the details of your case ? If you don't mind posting them of course. Always useful to hear how people have got off

lucozade

Original Poster:

2,574 posts

299 months

Wednesday 20th August 2003
quotequote all
I've posted this a few times, don't want to keep boring people with all the detail.
All thanks to Pepipoo:
Simply put, I was done for 67 in a 30 two years. Used two different lawyer over the two years and managed to get the CPS to agree to 57 on a technical argument.
Went to court, plead guilty to 57 and then argued a "special reasons" argument. Judge accepted that the road could have been construed as being a 70mph dual carriageway. Woohoo!!!!

No point,s no fine, no court costs.

It did costs me £2000 in legal bills though.

If you need more info drop me an email.

FastShow

388 posts

272 months

Wednesday 20th August 2003
quotequote all
lucozade said:
It did costs me £2000 in legal bills though.
No costs awarded then? Any reason why?

lucozade

Original Poster:

2,574 posts

299 months

Friday 5th September 2003
quotequote all
FastShow said:

lucozade said:
It did costs me £2000 in legal bills though.

No costs awarded then? Any reason why?


I found this out after I won, in order to use a Special Reasons argument you need to plead guilty, in doing so you have screwed up your chance of getting any legal costs back.

Got an update from the DVLA today, the court admitted making the mistake a few weeks back but get this, the court today has said they still want to endorse my license with an SP30, no points, no fine and some absolute discharge code, J000.

I've had to take legal advice again and apparently this is strictly against my Human Rights as I am still being punished for the offence. More time in court and letter writting will happen!

I just can't believe how screwed the whole system is and that tax payers money is wasted on the crap.

I get the feeling that by winning the court is intent on causing me as much grief as possible.

Richard C

1,685 posts

277 months

Friday 5th September 2003
quotequote all
The 'court' will be some low grade jobsworth such as the clerk. Typical of these people who are anally obsessed with process.

outlaw

1,893 posts

286 months

Friday 5th September 2003
quotequote all
whats happend is you did not win m8.

get a absolute discharge does not mean you won. I just means that you you did get any other sentence other than the absolute discharge.

so you were found guilty hence they will still give you the points.

personal I cant see how the solisitor you got think its against the human rights.

as you have pleded guilty too the charge.

my guess is hes shit and just running up a nice bill for his self out of this.

naetype

890 posts

270 months

Sunday 7th September 2003
quotequote all
www.rizer.co.uk/articles/article_499.html

Feck! (not the most indepth explanation but does make the point clearly!)

lucozade

Original Poster:

2,574 posts

299 months

Monday 8th September 2003
quotequote all
Just to put the record straight (outlaw) my lawyer is not charging anything. It was a fixed price which he has stuck to all the way. He's advised me that the court has wrongly interpreted what the judge handed down. He believes the judge may have not realised what he was actually "awarding". It was a free to go speach by the judge with the words, no points, no fine, no punishment, no court costs, I find you not guilty of speeding - even though I pled guilty.

We now await the final word from the courts via a letter submitted by my lawyer - for free.

It does make me think that even if you do fight and win it only goes to show that they still have a way of screwing you over.

I still don't know if I have to advise my insurance company, how do I explain that one?. Yes it an SP30, no points, no fine, absolute discharge - I bet most insurance companies dont have a clue about it.

lucozade

Original Poster:

2,574 posts

299 months

Monday 8th September 2003
quotequote all
Just to put the record straight (outlaw) my lawyer is not charging anything. It was a fixed price which he has stuck to all the way. He's advised me that the court has wrongly interpreted what the judge handed down. He believes the judge may have not realised what he was actually "awarding". It was a free to go speach by the judge with the words, no points, no fine, no punishment, no court costs, I find you not guilty of speeding - even though I pled guilty.

We now await the final word from the courts via a letter submitted by my lawyer - for free.

It does make me think that even if you do fight and win it only goes to show that they still have a way of screwing you over.

I still don't know if I have to advise my insurance company, how do I explain that one?. Yes it an SP30, no points, no fine, absolute discharge - I bet most insurance companies dont have a clue about it.

outlaw

1,893 posts

286 months

Monday 8th September 2003
quotequote all
lucozade said:
Just to put the record straight (outlaw) my lawyer is not charging anything. It was a fixed price which he has stuck to all the way. He's advised me that the court has wrongly interpreted what the judge handed down. He believes the judge may have not realised what he was actually "awarding". It was a free to go speach by the judge with the words, no points, no fine, no punishment, no court costs, I find you not guilty of speeding - even though I pled guilty.

We now await the final word from the courts via a letter submitted by my lawyer - for free.

It does make me think that even if you do fight and win it only goes to show that they still have a way of screwing you over.

I still don't know if I have to advise my insurance company, how do I explain that one?. Yes it an SP30, no points, no fine, absolute discharge - I bet most insurance companies dont have a clue about it.



are i see in that case they should have not gave you a absolut discharge the plonker has mixed his words up..


thay can only give you that if you found guilty
as it a sentance


the bloody cleak of the court should have picked up on it.

that the problem at magistraits court most of the muppets aint a clue what there on about.

but it all so bring you another problem I dont know if you solisitor has told you.

but un like in crown court

magistraits court dont keeep full transcrips of cases they hear and from what i know those records that are kept are not kept that long.



I had that once when i had 3 trials for the same ting ones and the bloody lieing copper told 3 diferent storis at each on.

and then try too trow the 3 one and got court try to get two other desent bib to lie for him.


just read you post againg you said judge

by that do you mean it was heard by a judge or at a magistraits court ?



>> Edited by outlaw on Monday 8th September 13:13

lucozade

Original Poster:

2,574 posts

299 months

Tuesday 9th September 2003
quotequote all
as asked outlaw it was a District Judge in a Magistrates court. I think the interpretation is screwed. The judge ordered the clerk to hand back my license untouched hence I didn't expect to have anything put on record, paper copy or at DVLA.

I'm not too sure this isn't deliberate because we did upset a lot of people by winning a case that had been going on for over 2 years and had the Chief Constable of Lancashire involved!