6 points for not providing driver details speeding

[Flumpo]

Hi everyone

I will try to keep this short

We moved house 6 months ago and I filled out the v5s to update our address. I put them in an envelope and gave to my wife to post... turned out she had forgotten and they went in the post last month. I phoned the dvla to ask about a fine and they said just make sure they get here ASAP.

Got home last night and a red letter from the local court says the wife owes £811 no explanation or details. Putting 2 and 2 together we checked online and her license has six points for not responding to police request I think m90.

As it’s all in her name no one will speak to me (no complaints I understand) and she can’t get through to any of the numbers as always engaged or whatever you press says go online.

Has anyone any experience of appealing something like this? I’m of the opinion it’s her fault and it’s a fair cop for speeding and not updating the address.

However, as I’ve got to pay the fine, her insurance renewal next month and put up with the earache, is it worth asking for a bit of leniency or anything?

Anyone had any luck with similar?

[speedking31]

Flumpo said:

I phoned the dvla to ask about a fine ...

You what?? I'm sure she'll thank you for that.

My advice to anyone who thinks they may have impinged on a bus lane, driven the wrong way up a one-way street, been flashed by a speed camera etc. is to not phone the relevant authority to enquire whether there might be a fine in the system. Keep your head down and hope no-one noticed and deal with any issues if they arrive.

HTH.

[Flumpo]

speedking31 said:

Flumpo said:

I phoned the dvla to ask about a fine ...

You what?? I'm sure she'll thank you for that.

My advice to anyone who thinks they may have impinged on a bus lane, driven the wrong way up a one-way street, been flashed by a speed camera etc. is to not phone the relevant authority to enquire whether there might be a fine in the system. Keep your head down and hope no-one noticed and deal with any issues if they arrive.

HTH.

Hi, I phoned the dvla a month ago when I found out the forms had not been sent back/updated. I wanted to know if I had been caught speeding in those 5 months they would have been unable to contact me. I was looking to avoid an additional fine.

She answered no, I then said is there any sort of fine for not returning the v5 and she said no don’t worry about it.

You may think that’s a stupid idea. However I only asked about my car. If my girlfriend had phoned up last month they maybe could have said, yes you have this driving offence and you have t replied. If you reply today you can do a driving awareness cause.

However as that didn’t happen, unbeknown to her she has been charged with not providing driver details, 6 points and a huge court fine.

I would say that’s clear evidence it’s always best to phone up and ask rather than pretend ignorance and end up with the worst fine.

[Sheepshanks]

Your missus may find her licence has been suspended.

[LosingGrip]

speedking31 said:

ou what?? I'm sure she'll thank you for that.

My advice to anyone who thinks they may have impinged on a bus lane, driven the wrong way up a one-way street, been flashed by a speed camera etc. is to not phone the relevant authority to enquire whether there might be a fine in the system. Keep your head down and hope no-one noticed and deal with any issues if they arrive.

HTH.

What rubbish. If you phone up and say 'I think I got caught speeding three weeks ago, but haven't got anything yet' they won't think 'hang on we can get £100 here...yes sir you did get caught'.

I've phoned up on behalf of my mum. She believed she got caught. Car is in step dad's name who is terrible at sorting post. I phoned up just after the 14 days to ask. She hadn't got caught.

Surely it's better to phone up and see than have what has happened to the OP?

[oyster]

speedking31 said:

Flumpo said:

I phoned the dvla to ask about a fine ...

You what?? I'm sure she'll thank you for that.

My advice to anyone who thinks they may have impinged on a bus lane, driven the wrong way up a one-way street, been flashed by a speed camera etc. is to not phone the relevant authority to enquire whether there might be a fine in the system. Keep your head down and hope no-one noticed and deal with any issues if they arrive.

HTH.

My advice to you.
It's 2018.

Fines don't disappear if you 'keep your head down for a while hoping no-one noticed'.

[Flumpo]

Sheepshanks said:

Your missus may find her licence has been suspended.

According to the dvla website it’s just 6 points, from what I have read online it says the judge can suspend but would be unlikely to give the 6 points and suspension. But obviously will try to get an answer from a person at dvla.

Thanks

[Sheepshanks]

Flumpo said:

Sheepshanks said:

Your missus may find her licence has been suspended.

According to the dvla website it’s just 6 points, from what I have read online it says the judge can suspend but would be unlikely to give the 6 points and suspension. But obviously will try to get an answer from a person at dvla.

Thanks

I'm not 100% about this, but I think you still have to send your photocard licence to have the points "added". If that's correct, I have no idea why they need people to do that.

Might be worth looking to see if the online checker shows anything: https://www.viewdrivingrecord.service.gov.uk/drivi...

You didn't mention updating licence addresses - did you both do that?

[agtlaw]

Sheepshanks said:

I'm not 100% about this, but I think you still have to send your photocard licence to have the points "added". If that's correct, I have no idea why they need people to do that.

100% incorrect.

[Sheepshanks]

agtlaw said:

Sheepshanks said:

I'm not 100% about this, but I think you still have to send your photocard licence to have the points "added". If that's correct, I have no idea why they need people to do that.

100% incorrect.

The logic of it did baffle me. Did the requirement stop when the paper counterpart ceased?

I recall a poster on here saying he was pulled and his car impounded as he hadn't responded to DVLAs demands (to his old address) to send his licence in.

[agtlaw]

To clarify, the court does not need to see your physical licence.

However, if you're paying a fixed penalty then you do need to send your licence in. Otherwise, you'll get a SJPN when court proceedings are commenced.

[Durzel]

LosingGrip said:

What rubbish. If you phone up and say 'I think I got caught speeding three weeks ago, but haven't got anything yet' they won't think 'hang on we can get £100 here...yes sir you did get caught'.

Schrödinger's points - if you don't ask about them, they don't exist.

(or, more realistically, they do and you end up driving around not declaring points or driving on a suspended license - which is obviously better (??) )

[Sheepshanks]

agtlaw said:

To clarify, the court does not need to see your physical licence.

However, if you're paying a fixed penalty then you do need to send your licence in. Otherwise, you'll get a SJPN when court proceedings are commenced.

So not 100% incorrect then?

[agtlaw]

Sheepshanks said:

So not 100% incorrect then?

This thread is about court proceedings. Therefore your point remains totally incorrect.

[davepoth]

To the OP - you might be able to make a statutory declaration to reopen the case, in which case the fact that you can prove the NIPs were sent to the wrong place may be a defence.

[Sheepshanks]

agtlaw said:

This thread is about court proceedings. Therefore your point remains totally incorrect.

Threads generally wander a bit. Especially, but not always, once the OP has the information he needs.

[Gooly]

I think she can do a statutory declaration to rescind the original conviction under the grounds that she wasnt served with the court documents; you will need to apply for this within 21 days of finding out about the conviction. She will then go in to court, declare that she never received the documents; if accepted she can then plead guilty or not guilty and re-start the process.

I'm not a lawyer but have done three stat decs now for similar issues, mostly to do with V5s and not receiving fines and they all had similar circumstances to yours. Ring the court who issues the conviction and ask about stat decs.

[timrud]

Go to the Magistrates Court and enquire about a Statutory Declaration to have the case re-opened.

[Gavia]

OP, why didn’t you do do mail forwarding for a period of time when you moved? It’s the simple, cost efficient and sensible approach.

[Flumpo]

Gavia said:

OP, why didn’t you do do mail forwarding for a period of time when you moved? It’s the simple, cost efficient and sensible approach.

Hi, I did consider it at the time, but we had an overlap of having the old property for about 3 weeks after we moved into the new one.

On top of that we moved into a new build, so I contacted everyone a few weeks before we completed with the new address. It made have sky installed easier as well as buying stuff and having it deliverd to the new house. I thought the 5 weeks would mop up any problems.

When I looked at the prices for the redirect it seemed a waste when I thought I had it covered. We would have needed 2 surnames (only recently married) so I remember thinking it wasn’t worth it.

That’s hindsight though. Next time I will post the v5s myself and do the mail redirect!