Chevrolet Captiva - Will I get a driving ban?

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Fri 23 Mar 2012 08:38
Chevrolet Captiva - Will I get a driving ban? - lcd80
I was stopped by the police for driving through a bus gate (I didn't think it applied at 7pm) and was just going to get a fine (no points) until they checked my details and discovered my license had been revoked. So they charged me with driving without a valid license (and later phoned me to add driving without valid insurance as having a revoked license would invalidate my policy) they seized my car and left me to walk home.

I contacted the dvla and it turns out my license was revoked a month ago because I failed to surrender my license to get points added following a prior offence. However, I took my license in person to the court and paid my fine and had the three points noted. The court did not inform the dvla. My problem has come about because I forgot to update my address on my license so I didn't receive any letters from dvla and therefore had no idea that my license had been revoked.

I know this is my fault and that as a result I was driving illegally but I wonder if I might be shown any leniency by the court as I wasn't trying to avoid paying insurance or driving without having sat a test etc. nor was I doing anything dangerous. I see that no license = 3 points and no insurance = 6 points minimum, plus I already have 3, so there is the potential for me to go over 12 points. Will I really lose my license all because I forgot to update my address? Please give me hope!
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Fri 23 Mar 2012 08:54
Chevrolet Captiva - Will I get a driving ban? - Armitage Shanks {p}

SFAIK if you have an insurance policy the 3rd Party Fire and Theft element would still be valid, even with a revoked licence (DVD where are you?) I suggest you get a 30 minue free consultation with a solicitor or consult your local Citizen's Advice Bureau, for a start. I think that this will need a solicitor on the case to save your licence.

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Sat 24 Mar 2012 09:43
Chevrolet Captiva - Will I get a driving ban? - martint123

The usual quote on insurance policy is "Has, or has had" (a driving licence)..

Call insurer and ask if you had cover under your circumatsnces.

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Mon 26 Mar 2012 14:34
Chevrolet Captiva - Will I get a driving ban? - concrete

Hello Icd80, you are in a pickle. From what you say it is a very unfortunate set of circumstances that have combined against you. I think previous advice is correct. You will need a friendly Solicitor to sort this out. He will need to establish all the factors, then get all the ducks in a row to present the case. I would not consider representing yourself, it is a complicated issue and if you fail to explain it properly the Magistrates will not understand and could decide against you. Your licence is worth a few quid on a Solicitor to straighten this mess out. If done properly and you get a really experienced Magistrate who understands the law involved, it is possible get a complete discharge except maybe for the traffic violation. Don't despair, although the Police can be offhand the Magistrate system is usually very fair. If you are of otherwise good character you will get the benefit of the doubt. Best of luck and let us know the outcome. Concrete

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Mon 26 Mar 2012 14:55
Chevrolet Captiva - Will I get a driving ban? - lcd80
Thanks for the advice. My insurance policy does have the magic words "or has held" so fingers crossed. I have been in touch with a solicitor but they said to wait until I get the letter from court/police so they can check the charges exactly.
Lesson learnt, never forget to update you address!
Will let you know the outcome as, if good news, will give hope to anyone else found in a similar position searching the Internet for advice!
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Mon 26 Mar 2012 15:37
Chevrolet Captiva - Will I get a driving ban? - Dwight Van Driver

Right lets start..

The original offence that you were stopped for will stand and you may well get a summons for this. Whilst they could disqualify for this very, very doubtful.

Driving without a Licence because it was revoked..

If you still have your Driving Licence suitably endorsed with the three points by the Magistrates Court Office then your Licence should not have been revoked as it was surerendedered for endorsement and it is UP TO the Magistrates Courts Office to return the Licence and forward onward notification of the 3 points to DVLA not the holder of a Licence. In such cases THEY do the endorsement AND RETURN THE LICENCE TO YOU NOT dvla. It is only where a disqualification other than short term is involved that the Licence is surrendered to Court and they forward to DVLA. Clang 1 by them.

You have confirmed that your valid policy of Insurance contains the clause that it covers "a person who holds OR HAS HELD a Licence to drive." Therefore No Insurance offence committed. Make sure you hang onto that certicate. Clang 2 by them.

Failing to notify change of address does not carry any endorsement and if change more than 6 months ago then limiutation on proceedings kick in and out of time.

The options.

Let things stand and see what arrives in the post and the number of offences on the summons then plead Guilty to the first contravention and Not Guilty to the revoked Licence offence./No Insurance on the grounds stated above. You should be able to argue this without a the fees of a Solicitor with the evidence of your endorsed Licence and Insurance Cerificate.

or

consider writing to the Chief Supt of Police of the area where the offences alleged to have been committed pointing out the Clangs 1 and 2 to which you are Not Guilty and that you are prepared to plead to the original offence and to save Court time and money ask that this be dealt with under the Fixed Penalty scheme. If they will all done and dusted and CPS Prosecution fee £40 -5 and £15 Victim Support Supplement saved. I would also ask for the return of recovery fees from the vehicle from the pound as this would seem to have beebn illegal and if refused then conside a claim under the small claims Court. (Very easy)

How to get the revocation removed from DVLA records - a further letter to them with all the facts and photocopy of your endorsed Licence. Be aware they a funny people in accepting facts.

Good Luck

DVD

Edited by Dwight Van Driver on 26/03/2012 at 15:39

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