N/A - Appealing a conviction on incorrect name spelling

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Thu 16 Apr 2015 01:55
N/A - Appealing a conviction on incorrect name spelling - ManyQuestions10

John,

Has there been a precedence where a Court Ruling has been successfully overturned following an appeal when the initial Court Papers were entered with an incorrect name spelling originating from the arresting Police down to the Prosecuting Courts?

I have other queries relating to the main topic above. The conviction was a DUI - I openly admiited to it and followed all the instructions from the Court despite the incorrect spelling of my first and Sirnames, and even paid £175 to go on a Course to reduce my ban from 24 months to 18 months but due to the spelling error - the DVLA did not give me a Medical Exam in time in order to get my license back on the agreed early date.

As it happens, I am still waiting on a Medical Appointment from the DVLA now and it is now 24 months after the ban.

Can you help???

Reply | Report as offensive | Link
Thu 16 Apr 2015 10:50
N/A - Appealing a conviction on incorrect name spelling - dadbif
A misspelt "sirname"? Amazing
Reply | Report as offensive | Link
Thu 16 Apr 2015 15:39
N/A - Appealing a conviction on incorrect name spelling - Dwight Van Driver

In any proceedings if the question of an error is raised at Court then it is up to the Court to either throw the case out (not likely) or to make the necessary amendment and then to proceed if the error has little effect on the case which seems to be the case in this post.

As to DVLA dragging their feet if you have badgered them to comply then if this has affected you financially seek advice as to a civil action to compensate.

dvd

Reply | Report as offensive | Link
Fri 17 Apr 2015 14:33
N/A - Appealing a conviction on incorrect name spelling - Bromptonaut

You got a 24month ban so you were either very substantially over the limit, a repeat offender or both of those. No way you could, never mind should, wriggle of the hook for that on a techicality. If the matter has arisen at court it would have been corrected under the 'slip rule'. There was no possibiilty of mistaken identity was there?

As others say your remedy with DVLA is via their complaints process, which if necesary can go as far as the Parliamentary Ombudsman and/or a claim for compensation if you have proovable financial loss.

Edited by Bromptonaut on 17/04/2015 at 14:34

Reply | Report as offensive | Link
Wed 22 Apr 2015 12:00
N/A - Appealing a conviction on incorrect name spelling - slkfanboy

I suspect is it totally possible to appeal case of this kind. If the name is incorrect then the legal identity would be incorrect and therefore you technically have not been found guilty.

The issue for you is that in the real world all that will happen is you get retried and convicted of the same offence. Further as you attend the prevoius case and responed to the letters etc, you would libiable for all costs. The appeal would most like fail with corrects make to the orginal judgement.

The DVLA should have contacted 2-3 months in advance of a ban lift. Contact them and ask why this has not happend.

Reply | Report as offensive | Link

We give you the low down on how to save on insurance, little-known tricks and tips, what insurance groups mean and how to use insurance aggregators to beat insurers.

Insurance group finder and how to save on insurance