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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69380
Experience:  Over 5 years in practice.
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I received a notice stating that I owe £745. When I asked what

Customer Question

I received a notice stating that I owe £745. When I asked what this was for I was informed this was for non response to speeding ticket I had also been banned from driving for 6 months; I only had 6 points prior to this. I explained I had not received any previous letters and was told that letters had been posted to my previous address. I moved a year ago for work purposes but had to resign after 2 months due to my son having issues and now being under CAMHS also in the last 7-8 months my mother was diagnosed with terminal cancer, my brother passed away suddenly, my sister had to have a lumbar puncture and my brother had a heart attack. With these issues I did not realise I had not changed my drivers or car details to be registered at the new address. At the beginning of April I ordered a log book and paid for tax, with my car still being registered at old address as I needed to tax car immediately, with the intent of changing details the following week, which I haven't done yet.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
I need to know where I stand legally with this. Can I go back to court and have the driving ban revoked? Will the £745 fine be reduced? I need to know in the situation I have described where do I stand legally, what can I do?
Expert:  Jo C. replied 1 year ago.
Do the DVLA have the correct address for your vehicle?
Customer: replied 1 year ago.
No, as I explained there has been a lot happening with my family and this is something I never got around to doing, amongst other things.
Expert:  Jo C. replied 1 year ago.
That is a problem I'm afraid.
Do you have a defence to the substantive matter of speeding?
Customer: replied 1 year ago.
No, I have no defence, but as I said I only had 6 points prior but have been banned for 6 months
Expert:  Jo C. replied 1 year ago.
No, but this is an issue of failing to identify which carries 6 points.
You can return to the court and make a statutory declaration to the effect that you didn't get the summons which might lead to the reopening of the matter. It might be refused though because ultimately unfortunately it was all caused by the fact that you didn't tell the DVLA the correct address for the vehicle. The obligation is upon the motorist to do so and there is an offence in failure although the DVLA will not prosecute it.
If it is accepted though then CPS might well prosecute you for failing to identify. There is a defence in saying that you didn't get the S172 form although there is case law to the effect that it should not be a defence where a motorist has failed to update the DVLA. That said, not all courts enforce that.
If you are convicted then this would lead to 6 points and so a ban for totting.
In terms of the £745 is not likely to be reduced. That will include costs which would be about £400 of themselves and the remaining fine is reasonable for the offence. The only way to avoid that and the points would be to be acquitted or for them to decide not to prosecute.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
And how would I go about getting an acquittal or for them to decide not to prosecute.
Expert:  Jo C. replied 1 year ago.
That is really a matter of luck.
I'm afraid it is quite unlikely that either would happen if the facts are as you say because you didn't update the DVLA but you might be lucky.
Customer: replied 1 year ago.
So are you saying that this would really boil down to the human element?
Expert:  Jo C. replied 1 year ago.
No, it boils down fundamentally to the fact that you didn't update the DVLA. Whether the Crown will see it or not is another matter.
Customer: replied 1 year ago.
So what would be your advice for me when I go to court?
Expert:  Jo C. replied 1 year ago.
Really just what I said above.
You can make a statutory declaration to see if they are willing to reopen it.
Otherwise you could appeal but that will incur more costs and probably the court would say it should be a stat dec anyway.
Customer: replied 1 year ago.
How do I make a statutory declaration? I was told I had to contact the local magistrates court and arrange a court date
Expert:  Jo C. replied 1 year ago.
You can't book a date in advance but you can find out by contacting them which days they hear statutory declarations. Usually it is first thing in the morning before the warrants are heard but they will interpose them amongst other cases some times.
I'm happy to continue with this but please rate my answer.

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