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Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Paul Garcia

Have just been caught (in approch road to Dartford tunnel). Doing 62 in a temporary 50. Filled in the form. Spoke with an officer who said the speed was such that I will be offered correction school, I was happy with that. However I have now recived the Notice to Prosecute and apparently my Licence was revoked in 2000! The text on the notice is not easy to understand. I called DVLA immediatly who said I was not banned. That they sent me two letters that I did not respond too (Or get!) so my licence was revoked. I cant belive I have been driving for 18 years without a Licence. So as this other "offence" has been found I will not be offered correction School. Rather I can plead Guilty by post. But I do not understand if this is just for the 62 in the 50 or they will add the Licence part as well or anything else (Insurance?).

The notice also says if I plead not guilty their costs will me a minimum of £690!

In 2000 I lived at the address. It is a famaly owned house that at the time I rented from my mother. I now own it but do not currently live there, but intend to do so. I do not know why I did not recive the letters from the DVLA. Have called the DVLA again and she just said this used to happen a lot more with paper Licences. She sait it was not a ban. So Im assuming maybe 3 points? I would not have avoided any offence.

In the Notice to Procecute they are asking for my wage details, etc. Hoever the form is a bad photocopy and I cant read all the questions....Any advice on any of the above?

Edited by Paul Garcia on 26/08/2018 at 09:47

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - RobJP

You need professional legal advice.

The sort that you pay for.

Else you've no idea what sort of further problems might be coming down the line - and you 'assuming' three points is not a gamble you really want to go with.

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Bromptonaut

Pretty much what Rob says.

Do you know why the DVLA were writing to you in 2000? The two most comon reasons probably (a) because points have been given and the licence not returned for endorsement or (b) there is a question about medical fitness which has not been addressed.

I think this is outside scope of generalist advice from Citizens Advice. Local offices though often have arrangements where local solicitors or supervised law students provide 15-30 minute free 'pro-bono' appointments. These would give you some bullet point type advice that can be followed through with paid for help if needed.

The Law Society's website will allow you to search for local solicitors who do road traffic stuff. They may also offer a free initial consultation.

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - FP

Good advice from the previous two posters, who, I should add, have some knowledge and experience of the law.

The only thing I would add is that you should ensure that any solicitor acting on your behalf should specialise in motoring law.

It would be very interesting for those of us who follow this kind of stuff if you could get back to us eventually with whatever resolution is reached, though I appreciate this isn't on your list of priorities now.

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Paul Garcia

Thank you to all respondents.

(..Had plans to see famaily and freinds this Bank holiday weekend, but just sat here watching the rain with a cup of tea wondering where this might endup! I am worried.)

This was not a medical issue. DVLA said it was for "some points" as I had not responded to two letters. I presume a camera. I asked what the offence was and she siad she does not say. She did say I was not banned (No retest required)

Oh and all other Licence applications are just £20, the DVLA lady said £20, but on the form its £50!

Can anyone recommend very good Motoring Solicitors?

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - ExA35Owner

My guess - and that's all it is.

You moved house at some point and didn't update the V5 registration document.

A fixed penalty / S172 notice was sent to the address on the V5. You didn't receive it as the address wasn't updated. Therefore you were prosecuted for failing to furnish the driver's name: 6 points on conviction. You hadn't held a licence for long enough (2 years) so the 6 points led to your licence being revoked. Correspondence about all this went to the address on the V5, of course.

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Paul Garcia

I was there for all of 2000. Then owned by my mother that I then rented and lived in. In fact ran a business there so was there almost 24/7! I now own it. Yes I moved away later and will be moving back. But in 2000 I lived there all year. Just been checking the rents I paid my mother as comfirmation.

Had a licence for nearly 20 years. So yes agree it was probably a fixed penatly.

Edited by Paul Garcia on 26/08/2018 at 14:06

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Bromptonaut

The only thing I would add is that you should ensure that any solicitor acting on your behalf should specialise in motoring law.

Good point about specialists. Identify a few such practitioners and check their websites; they often have FAQ type pages that cover the basics on more common offences. I found one or two of them helpful last year when my son had a scrape with a possible in charge under inluence of cannabis offence.

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Gerry Sanderson

Have you considered writing/contacting the office that sent you the Conditional Offer explaining all that you have on here and pointing out that DVLA do not consider you to be without a Licence and therefore query the possibility no court proceedings and position of speed awareness course.?

dvd

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Bromptonaut

Have you considered writing/contacting the office that sent you the Conditional Offer explaining all that you have on here and pointing out that DVLA do not consider you to be without a Licence and therefore query the possibility no court proceedings and position of speed awareness course.?

dvd

DVD/Gerry,

AIUI licence can be revoked administratively by DVLA for variety of reasons. In this case it seems to be tied up with points issued in which case licence may be revoked so as to make driving illegal until licence (and counterpart as then was) are handed in for endorsement. There have also been large numbers of revocations for people believed to be illegal immigrants and similar is also available as an enforcement tool with alleged defaulters under the maintenance schemes run by Child Support Agency and its successors.

I think there used to be a grace period but it was abolished c2008. Licence can be restored without re-test once points, immigration irregularity or default have been resolved but while revoked no licence exists.

OP may also have a potential insurance issue, another reason he needs proper legal advice.

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - monian

Good morning Paul and sorry to hear about your dilemma.

I would advise youn to look at Pepipoo (forums.pepipoo.com/index.php) today as the advice offered in their forums is extremely knowledgable

Pose your dilemma on there. Their responders include motoring solicitors, police and also the odd Judge ot two (if they are to be believed)

Kind Regards

Ian

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Gerry Sanderson

B

appreciate what you say but poster did say

I called DVLA immediatly who said I was not banned.

Surely they would have pointed out the revocation???Seems not according to poster.

Conditional offer cannot I understand be given until driving licence to hand by the issuing authority who seem to have an issue re DL details maybe from false details from dvla. Otherwise court proceedings and licence produced to court.

A revoked licence does not invalidate Insurance ?

dvd

Land Rover Range Rover - Revoked Licence in 2001. Caught 62 in 50. - Bromptonaut

B

appreciate what you say but poster did say

I called DVLA immediatly who said I was not banned.

DVD,

I think we're at crossed purposes.

AIUI:

A ban (ie disqualification) is for a defined period and is a punishment imposed by a court following conviction. Unless overturned on appeal or shortened by attendance on eg drink driver re-education it will run its course; 12 months or whatever.

Revocation is an administrative action carried out by DVLA. A revoked licence can be re-instated once the ground for revocation, in this case failure to return for endorsement, has been addressed. While revocation is in force there's no licence which is OP's current position.

OTOH your knowledge is way in excess of mine and i may have wrong end of stick (or even wrong stick!)

Whether it affects insurance I don't know for sure. I have a feeling my own policy requires drivers to hold or have held a licence and not to be disqualified. Are they all same?

My point was simply that it was something else for OP to check.

Edited by Bromptonaut on 28/08/2018 at 17:58