Please any advise? please dont judge..

[Upatdawn]

A good friend of the family has been in touch...

basically from late 2017 till early this year she was in an abusive relationship, her partner put her in hospital twice, he was using her car without her knowledge, they were moving from sofa to sofa/bedsit to bedsit in almost nomadic lifestyle till both ended up in prison..

she has now accessed her DVLA driving records which, from December 2017 to September 2019 show ...

8 MS90 offences
1 BA10 offence
1 IN10 offence

and 3 disqualifications

TT99 ...2022
TT90....2023
BA10....2023

All stem from moving 7 or 8 times, not getting mail (and admittedly not updating DVLA, etc).

The partner was the driver in the offences having taken the car

Her fines total £5390

Can she request any review, set aside or hearing?

She is now in her 4th hostel since prison release


please be considerate...

thanks and stay safe

[Pothole]

Is anyone actually chasing her for the fines?

[Upatdawn]

Pothole said:

Is anyone actually chasing her for the fines?

not YET

[Upatdawn]

[mcflurry]

The MS90s and totting up codes make sense, as you said, if they are moving around they wouldn't have received the NIP forms.
However, the driving whilst banned codes don't make sense.
Surely the ex must have been stopped?

In that scenario I would contact a solicitor specialising in Motor law..

[Terminator X]

I assume some paperwork must have been signed along the way so not her signature?

TX.

[Cat]

mcflurry said:

The MS90s and totting up codes make sense, as you said, if they are moving around they wouldn't have received the NIP forms.
However, the driving whilst banned codes don't make sense.
Surely the ex must have been stopped?

In that scenario I would contact a solicitor specialising in Motor law..

This, how has your friend ended up being convicted of disqualified driving and driving without insurance if it was her partner who was using the car?

Cat

[SS2.]

Give her AGT's details and get her to give him a call - sooner, rather than later.

[anonymous-user]

Nobody will judge your friend for being a victim of abuse! As noted, contact agtlaw.

[Upatdawn]

mcflurry said:

The MS90s and totting up codes make sense, as you said, if they are moving around they wouldn't have received the NIP forms.
However, the driving whilst banned codes don't make sense.
Surely the ex must have been stopped?

In that scenario I would contact a solicitor specialising in Motor law..

I dont totally understand the due process, I dont think SHE got stopped

[Muzzer79]

This is not something that can be advised on, on a motoring forum

Like others, suggest going to a specialist lawyer and getting them involved.

[Cat]

Upatdawn said:

I dont totally understand the due process, I dont think SHE got stopped

Normally a disqualified driving conviction would result from a vehicle being stopped by the police and checks being carried out at the roadside which showed the driver was disqualified. It always used to be the case here that a disqualified driver would be arrested and would appear at court from police custody the following day, however round here this is no longer always the case and disqualified drivers are sometimes reported for summons without being arrested. I'm not sure what policy other areas of the UK follow re arrests.

Even in cases where a person is not arrested sufficient checks should be carried out to confirm the identity of the driver prior to allowing them away. It is unusual for a person to have sufficient knowledge to be able to pass themselves off as someone else. It would be very unusual for her male partner to be able to pass himself off as her!

Cat

[dundarach]

Get specialist advice and follow it, AGTLAW will either offer it, or sugest another route - follow that.

Be honest

Start collecting whatever evidence they can, that proves it wasn't them driving during the times in question if posible.

Be honest

[Upatdawn]

dundarach said:

Get specialist advice and follow it, AGTLAW will either offer it, or sugest another route - follow that.

Be honest

Start collecting whatever evidence they can, that proves it wasn't them driving during the times in question if posible.

Be honest

on it thanks

[Dibble]

Also ensure your friend is being advised by an IDVA for the abuse side of things. If she contacts Citizens’ Advice, the local NHS or Police safeguarding team/public protection unit, they will be able to give her details of IDVAs for her area, or they may be available with a bit of a Google

[Upatdawn]

From Andrew Thompson


Thank you for your email.

At a minimum, she should ask every court involved to re-open the sentence; see section 142 Magistrates’ Court Act 1980. This will likely involve attending each court that dealt with the case.

You didn’t give any details but I expect that the court didn’t have any financial information available and imposed a fine based on a notional net weekly income of £440 per week. Therefore, £660 fine for each MS90 offence? Also, costs and surcharges.

The problem is that the DVLA should have been informed of the change of address, so the court will be reluctant to reopen the convictions. However, they will likely be sympathetic to the sentences being re-opened - to take into account her financial circumstances.

This case isn’t straightforward and I would not accept instructions without a solicitor. This case is not suitable for me to accept on a ‘direct access' basis.

Yours,

[anonymous-user]

Andrew is a barrister, so take his advice and instruct a solicitor ASAP. Go the largest High Street firm in your area. Ask them to instruct Andrew as counsel if there are any hearings. His chambers are in Leeds.

[dundarach]

Breadvan72 said:

Andrew is a barrister, so take his advice and instruct a solicitor ASAP. Go the largest High Street firm in your area. Ask them to instruct Andrew as counsel if there are any hearings. His chambers are in Leeds.

I'd take Breadvan's advice.

Andrew knows his stuff, so does BV.

It might not be what you want to here, but I'd be following this to the letter!

[Upatdawn]

looking at the "disquals" when is she banned till given she has no actual points?

[Upatdawn]