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Jo C.
Jo C. , Barrister
Category: UK Traffic Law
Satisfied Customers: 69054
Experience:  Over 5 years in practice.
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Recieved letter from dvla asking for my licence to be returned

Customer Question

Recieved letter from dvla asking for my licence to be returned for an endorsement.
Phoned them and was told the court had convicted me of MS90 giving 6 points and £600 fine in my absence and that i should return my licence immediately.
Totally flabbergasted i asked what for but she couldnt tell me and told me to contact Oxford magistates court.
I called them and was told that i had no idea what it was about and she said she couldnt find out anymore as her computer was down and that i needed to contact my local magistrate to obtain a Statuory Declaration.
I contacted Reading magistrates to arrange the declaration application and she looked into the case but couldnt find me by my current address only by date of birth. She then told me the case number XXXXX what vehicle was involved (hyundia- ive never sat in one let alone own or drive one) and the address given was a property i had lived and moved out of 9 years ago (Taking to court a proof of tenancy agreement stating when i moved out, council property). What happens, what are my rights???
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What exactly would you like to know about this?
Customer: replied 3 years ago.

I just need to know my rights in this. Whats happened is nothing to do with me yet i have the 6 points on my licence and someone seems to be using my name. Im going to court to get the statuary declaration but what happens then? does it stop there or will i have to carry the points and pay the fine until they find out who was driving the vehicle bearing in mind the address thats linked with the vehicle was my flat 9 years ago yet the incident was last year. Ive absolutely no idea why im being linked with this vehicle?

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 3 years ago.
Thanks for that.

Can we just try to get a clearer understanding of this.

Have you been in the Oxfordshire area?

Has your vehicle been in that area?

This will not be identity theft as the issue is your index number not your name usually. That can be cloned too but we need to get to the bottom of that.
Customer: replied 3 years ago.

Ive not been to oxford and the vehicle i drive hasnt been mentioned.

The car ive supposed to have been driving is totally different to the one i drive. The link seems to be my address that i lived in 9 yrs ago!

Expert:  Jo C. replied 3 years ago.

I just need 10 min to type out an answer. Its fairly good news overall though.
Expert:  Jo C. replied 3 years ago.

This is probably identity theft then. What will have happened is that somebody has written to you at the old address and somebody there has used your details on a subsequent occasion.

Its simply solved though really. You just make a statutory declaration to that effect and court and the conviction will be set aside.

It is open to CPS to revive the prosecution again but they would have to send you a new NIP and you just respond truthfully to the effect that the car in question is not registered to you and nothing to do with you.

This might well mean that the person who gave your details falsely may be investigated for perverting the course of justice. These prosecutions are on the increase.

On the point of your statutory declaration though, you don’t need to prove to the court that the facts you are swearing are true. You can take along a tenancy agreement but they probably won’t ask for it. Under a statutory declaration you are swearing on oath. If a person swears falsely then that is perjury which is a far more serious offence than any here but that isn’t your position so it doesn’t arise.

If you make a statutory declaration it will all be set aside.

You need to go to court to do at about 9.30am. They usually do them first thing before represented cases or last thing after all business. You do not want to wait at court all day for an available DJ or Bench.

Hope this helps.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69054
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
I've seen your other post.

Best of luck with this.

It shouldn't be a problem for you long term.

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