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Ben Jones
Ben Jones, UK Lawyer
Category: UK Traffic Law
Satisfied Customers: 37
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Jo I need some advice, I'm very panicked this morning

Customer Question

Hi Jo
I need some advice, I'm very panicked this morning as I just discovered I've been disqualified (unknowingly) since mid June. Let me explain.
I separated from my ex-wife 3 years ago, and moved into rented accomodation. I incurred 3 points on my licence for speeding in May 2012 (now expired) and another 3 in Sept 2012, due to expire in 6 weeks from today. As my wife remained in the marital home, I didn't change the address details on my licence itself, though of course I kept my insurance updated. I accept on reflection that I should have updated DVLA, but I moved properties several times in the first 18 months during what was a very turbulent and chaotic time and it wasnt foremost in my thoughts.
I bought a new car last year in October 2014 and duly updated the V5C form with my then current address (I've moved again recently, but it's relevant as I had re-direction to my new address). I assumed that , as the DVLA had records of my address on the V5C, I didn't need to worry too much about getting a licence reissued so it wasn't priority A for me.
Anyway, here is the issue.
This morning I decided to try applying online for my licence address to change, imagine my horror when I logged in and it said I was disqualified for 6 months on 15th June !!
I had absolutely no knowledge of this, and certainly never received any correspondence either to my current address or my previous address (as per the V5C). It transpires the reason is that I've 'totted up' 12 points, on account of an MS90 that was issued on 29th August 2014 that I didn't respond to, simply because I never received it at my then address (my fault for not keeping the address updated which I accept). As a result, they apparently sent me a court summons and convicted me on 22nd April 2015, with sentencing on 15th June 2015 for a 6 month driving ban.
If I'd known of any of this I would have duly paid the fine (assuming I was the driver) and avoided hitting 12 points etc, especially as my existing points are due to expire shortly.
I'm really panicked about all this, I had no idea and the discovery this morning was a horrible one as you can imagine !
Advice would be really appreciated, and my questions are as follows:
1) Does the database for the V5C details differ from the driver database, as I never received any court summons etc ? ( I accept I should have tried harder to update DVLA with my own details)
2) By the time of the sentencing on 15th June, my previous speeding conviction in May 2012 had expired, so I would only have had 3 points on my licence at the time of sentencing, does that help or influence the 'totting up' ?
3) The MS90 'offence date' is 29th August 2014, I wasn't even in the Country at the time. Does this mean the offence (assuming speeding) to which the MS90 refers to, actually occurred on the 29th August 2014 ? in which case, there is no way I could have been driving any car as I was in Italy on holiday ?
4) How do I get the details of the offence to which the MS90 refers ?
5) Is the best route a Statutory declaration that I didn't receive the court summons ? if this is the case, does it remove the existing conviction (pending re-trial) and remove the disqualification until this time ?
I've not yet phoned the DVLA (closed Sundays), but I really want your advice on the best way to proceed. I'm happy to make a statutory declaration to the Magistrates Court that I was unaware of any summons etc . My car is essential to me as I need it both for work and also to see my Children from my previous marriage, I'd be lost without it and I've been driving for 20+ years with no bans.
I'm particularly worried about the fact that I've been driving the car unaware of any ban until this morning, albeit no accidents, claims etc fortunately.
Is the best route to make a statutory declaration as I never received the court summons ?
Appreciate the advice,
Thanks
Mark
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.
Would you mind summarising your question?
I cannot see a question of that length on my ipad.
Customer: replied 1 year ago.
Hi JoI'll try and keep it short, but it has a bit of background ! Let me know where it cuts off and I can send further detail on a separate message.I separated from my ex-wife 3 years ago, and moved into rented accomodation. I incurred 3 points on my licence for speeding in May 2012 (now expired in May 2015) and another 3 in early Sept 2012, due to expire in 6 weeks from today. As my wife remained in the marital home, I didn't change the address details on my licence itself, though of course I kept my insurance updated. I accept on reflection that I should have updated DVLA, but I moved properties several times in the first 18 months during what was a very turbulent and chaotic time and it wasnt foremost in my thoughts.
I bought a new car last year in October 2014 and duly updated the V5C form with my then current address (I've moved again recently, but it's relevant as I had re-direction to my new address). I assumed that , as the DVLA had records of my address on the V5C, I didn't need to worry too much about getting a licence reissued so it wasn't priority A for me.
Today I discovered an issue however.
This morning I decided to try applying online for my licence address to change, imagine my horror when I logged in and it said I had been disqualified for 6 months as of 15th June !!
I had absolutely no knowledge of this, and certainly never received any correspondence either to my current address or my previous address (listed on the V5C). It transpires the reason is that I've 'totted up' 12 points, on account of an MS90 that was issued on 29th August 2014 that I didn't respond to, simply because I never received it at my then address (my fault for not keeping the address updated which I accept). As a result, they apparently sent me a court summons (also never received) for the MS90 and convicted me on 22nd April 2015, with sentencing on 15th June 2015 for a 6 month driving ban due to accruing 12 points (6 of which was the MS90).
If I'd known of any of this I would have duly paid the fine (assuming I was the driver) and avoided hitting 12 points etc, especially as my existing points are due to expire shortly. (3 have, 3 soon)
I'm really panicked about all this, I had no idea and the discovery this morning was a horrible one as you can imagine !
Advice would be really appreciated, and my questions are as follows:
1) By the time of the sentencing on 15th June, my previous speeding conviction in May 2012 had expired, so I would only have had 3 points on my licence at the time of sentencing, does that help or influence the 'totting up' ?
2) Is the best route a Statutory declaration that I didn't receive the court summons ? if this is the case, does it remove the existing conviction (pending re-trial) and remove the disqualification until this time ?3) How do I get the details of the offence to which the MS90 refers ?I'm particularly worried about the fact that I've been driving the car unaware of any ban until this morning, albeit no accidents, claims etc fortunately.
My car is essential to me as I need it both for work and also to see my Children from my previous marriage, I'd be lost without it and I've been driving for 20+ years with no bans.What is the best route for this ? I've not yet contacted the DVLA (closed Sundays) or the Magistrates court.
Appreciate the advice,
Thanks
Mark
Expert:  Jo C. replied 1 year ago.
Is it an accurate summary of this to say that you were banned in absence for totting?
Customer: replied 1 year ago.
Yes, I've copied and pasted from the DVLA website1 disqualification
TT99Period: 6 months Start date: 15 Jun 2015 End date: 14 Dec 2015 Hide information
DatesStart date: 15 Jun 2015
End date: 14 Dec 2015
Conviction date: 22 Apr 2015
Sentencing date: 15 Jun 2015
Removal date: 22 Apr 2019
Offence detailsTT99: ‘totting-up’ - if the total of penalty points reaches 12 or more within 3 years
Period:*****
1922: Oxfordshire Magistrates’ Court
Customer: replied 1 year ago.
Hi JoDid the information come through ok, do I need to provide any further background for you to advise against ?Many thanks
Mark
Expert:  Jo C. replied 1 year ago.
OK.
What is your questions about this please?