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I have recieved a court fine of £700 an 6 points for failing

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
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Customer Question

I have recieved a court fine of £700 an 6 points for failing to disclose the driver of my van.
However i did not recieve the intended procicution notice . I also note the address from the dvla to the courts is differant from the v5 which would explain how this went missing. Otherwise i would have pleaded guilty to speeding 36mph in a 30 zone!!.
Q; Is it possible to appeal against this.

 

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Province/Country relating to question : gwent, wales

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Submitted: 285 days and 9 hours ago.
Category: UK Traffic Law
Value: £22
Status: CLOSED
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Expert:  Jomo1972 replied 285 days and 9 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Why does the DVLA not have the correct address?

Customer replied 285 days and 9 hours ago.

Hi the van is registered correctley as 9 houndsfield lane ind est, wythall b47 5qr


but dvla have sent address to the police 9 houndsfield lane, wythall. b47 5qr there are 3 number 9s in this post code.


Kind regards John

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Expert:  Jomo1972 replied 285 days and 9 hours ago.


So they do have the correct address then?

Its just that it went to another person there?

Customer replied 285 days and 8 hours ago.

no the judgement address is 9 the caravan , houndsfield lane which is a differant address qtr of a mile away. the correct address is on my v5. which is 9 houndfield lane industrial est.!!

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Expert:  Jomo1972 replied 285 days and 7 hours ago.

Yes, but is it correctly registered with the DVLA?

This will make all the difference

Customer replied 285 days and 7 hours ago.

yes is is correct with the dvla and on the v5 So i have registered correctley

Customer replied 285 days and 7 hours ago.

ok so do i appeal for non delivery or not

Accepted Answer

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Expert:  Jomo1972 replied 285 days and 7 hours ago.

You can make a statutory declaration to the effect that you didn't get the original NIP.

If that is accepted then they will set aside your conviction for failing to identify.

However, whether it will be accepted or not is another matter. It is mostly is if the Court is satisfied that it went astray through no fault of the defendant. Sometimes it will be refused if the Court thinks that the reason it wasn't received was that the wrong address was registered at the DVLA although not always by any means.

It is an offence to fail to tell the DVLA where you keep the car though although its not likely that any action would be taken over that.

I'm not really clear whether or not this vehicle was registered to the wrong address with the DVLA. You are likely to be asked about that so you do need to be able to explain to the court.

Hope this helps. Please rate my answer with OK SERVICE or more and then I will continue for free.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.9 %
Accepts: 2730
Answered: 6/30/2012

Experience: Bar Exams, over 5 years in practice

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Expert:  Jomo1972 replied 281 days and 19 hours ago.

Just wondering how everything is going?

Do you need any more help?

 
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