what can i do?
Discussion
I sent my licence off for a change of address, as you do when you move....
It came back with points added, "what the f...!"
The incident was dated back in late 2003 and the charge... wait for it... no insurance.
Now if i was to be perfectly honest, i do remember being given a producer and i told the cop i was in the middle of moving and could any corespondence be sent to my new address. "it'll be ok, mate" he said.
Now on top of the house sale and move i had all sorts of shit going on, being sued by my ex, being made redundant, possibly moving to Cork and i had only had the car a couple of weeks. I had completely forgotten about the producer what with all this other stuff going on. :-(
Im really not sure what i can do as i am positive i was insured, i mean my car is my P&J, i love it, it really is a big part of my life but im not sure how i can prove i was insured back then!??!
thanks heaps
It came back with points added, "what the f...!"
The incident was dated back in late 2003 and the charge... wait for it... no insurance.
Now if i was to be perfectly honest, i do remember being given a producer and i told the cop i was in the middle of moving and could any corespondence be sent to my new address. "it'll be ok, mate" he said.
Now on top of the house sale and move i had all sorts of shit going on, being sued by my ex, being made redundant, possibly moving to Cork and i had only had the car a couple of weeks. I had completely forgotten about the producer what with all this other stuff going on. :-(
Im really not sure what i can do as i am positive i was insured, i mean my car is my P&J, i love it, it really is a big part of my life but im not sure how i can prove i was insured back then!??!
thanks heaps
Then I guess you have to apply to the court to have the judgement, presumably made in your absense, set aside. With that judgement you can require the DVLA to issue a new licence without points.
I bet you have to pay for the new licence as well as the solicitor's costs for the setting aside.
I bet you have to pay for the new licence as well as the solicitor's costs for the setting aside.
big_si said:
I sent my licence off for a change of address, as you do when you move....
It came back with points added, "what the f...!"
The incident was dated back in late 2003 and the charge... wait for it... no insurance.
Now if i was to be perfectly honest, i do remember being given a producer and i told the cop i was in the middle of moving and could any corespondence be sent to my new address. "it'll be ok, mate" he said.
Now on top of the house sale and move i had all sorts of shit going on, being sued by my ex, being made redundant, possibly moving to Cork and i had only had the car a couple of weeks. I had completely forgotten about the producer what with all this other stuff going on. :-(
Im really not sure what i can do as i am positive i was insured, i mean my car is my P&J, i love it, it really is a big part of my life but im not sure how i can prove i was insured back then!??!
thanks heaps
Si, there is something I'm not quite grasping here; even the DVLA just can't put poinhts on your licence.
You either have to be issued with an FP first and admit the charge and pay the fine and send your licence to them VOLUNTARILY to have it endorsed, or you have to be issued with a citation and appear in court and defend yourself.
They have no right whatever to prosecute you in abscence unless THEY can prove they went to sufficient lengths to find you.
If you gave the police your new address, then I don't understand why they didn't contact you there.
Can you eloborate on this?
Wow, this sounds like something from the Police Promotion Examination....
If DVLA have put points on the Licence then one of two things. Either you have been found Guilty of the Insurance offence by a Court (non pay FPN goes to Court) or they have endorsed the wrong Licence.
Dealing with the former, a Court can deal with you in your absence providing they can prove service of summons i.e. personal service, to last known address or handed to someone that knows you at that address.
However because points are involvbed them the Court would have been writing for your Licence, maybe this post also lost?
Now if it is right that Court action has been taken against you and can prove that you never got a summons then you can apply to Magistates Clerks Office for a form to lodge the proceedings null and void. You have, IIRC only 21 days to lodge this from the date it came to your knowledge. However, it doesn't make it go away, but a new Court date will be fixed and case re-tried. Contact with your old Insurance Co should produce a letter from them that they consiodered themselves to be at risk in relation to the time and date of the check. But that will still leave possible offence of fail to produce docs (non endorsable)
Funny as they would have imposed a fine no one seems to have been chasing you, but I gather that is par for the course these days.
Your Licence with points, in addition to the offence Code, will also have the Code number of the convicting Court. A Mags Clerks Office will give you the actual Court name. The Clerks office for that Court will be in possession of the old Court Sheets so you should be able to check to see if was you. Bear in miond the 21 days deadline.
If not you then DVLA are in the wrong and contact with them about all this should you back to the norm.
DVD
>> Edited by Dwight VanDriver on Thursday 10th February 15:22
If DVLA have put points on the Licence then one of two things. Either you have been found Guilty of the Insurance offence by a Court (non pay FPN goes to Court) or they have endorsed the wrong Licence.
Dealing with the former, a Court can deal with you in your absence providing they can prove service of summons i.e. personal service, to last known address or handed to someone that knows you at that address.
However because points are involvbed them the Court would have been writing for your Licence, maybe this post also lost?
Now if it is right that Court action has been taken against you and can prove that you never got a summons then you can apply to Magistates Clerks Office for a form to lodge the proceedings null and void. You have, IIRC only 21 days to lodge this from the date it came to your knowledge. However, it doesn't make it go away, but a new Court date will be fixed and case re-tried. Contact with your old Insurance Co should produce a letter from them that they consiodered themselves to be at risk in relation to the time and date of the check. But that will still leave possible offence of fail to produce docs (non endorsable)
Funny as they would have imposed a fine no one seems to have been chasing you, but I gather that is par for the course these days.
Your Licence with points, in addition to the offence Code, will also have the Code number of the convicting Court. A Mags Clerks Office will give you the actual Court name. The Clerks office for that Court will be in possession of the old Court Sheets so you should be able to check to see if was you. Bear in miond the 21 days deadline.
If not you then DVLA are in the wrong and contact with them about all this should you back to the norm.
DVD
>> Edited by Dwight VanDriver on Thursday 10th February 15:22
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