Hi all, hope somebody out there can help or at least share in my pain!
Sometime in late 2011, my partner used the car registered to me and did not realise but bumped the car next to ours while parking. My parter did not realise this and just stayed parked and went to the cinema. Well, some time after that the insurance notified us that there was a claim for some paint damage. This was the 1st we learned about the "accident". Insurance paid the bill.
Then, we moved. As life got on and medical problems came and stayed and then went, I forgot about changing my address on my license right away. About 5 months pass from the move time to my changing my license.
Then, in November 2012, I get a notice in the mail that I failed to attend court in response to not failing to submit the details of the driver of the offense and the DVLA is revoking my license. I absolutely freak out!
My partner goes to the magistrate's court, explains we never got the letter, blah, blah. I get another court date. On 20/12/12, I go to court with a plea of not guilty, had I got the letter, I would have replied, etc. At court the magistrate and the legal advisor go on to tell me that since my address was not changed timely, I would not have had the notice to declare the driver or attend court, this is all my fault. They go on to tell me that if I enter a guilty plea, I will get 6 points on my license but this will not effect my from driving away from court that day (the magistrates words). I explain to the court that I am a fairly new UK driver, an immigrant on a work visa, etc.
The magistrate reads out the date I for a full UK license and the date I changed the address. I agree that those dates are correct.
I ask the court what does the points system mean? I am unfamiliar with this as I never had any points before. Magistrate says that I will get 6 points for not changing my details. As I have never had points before (the legal advisor chimes in to say that she has a report from DVLA verifiying no other points) and I have an available 12 points. Magistrate along with legal advisor explain that I will only have an available 6 points left and that if I have any further points, I could lose the license.
The court also sweetens the deal by saying it is very unlikely if I maintained my not guilty plea, I would likely lose at trial and the fines/fees will be greater. But, if I plea guilty then and there, I will have to pay £200 and have the points, but otherwise not be effected (aside from declaring to the insurance company). They go on to tell me that the points will be on my license for 3 years from the date of the offense, not date of court. This I thought was not so bad as I only had to tough it out for another year with the points on file.
So, I take the plea of guilty. I told the court something feels wrong about pleaing guilty to something I don't feel guilty of, but I felt I had to based on the information they provided.
The court takes my license, says that they will send it off to DVLA to have points endorsed and instruct me to send my paper license in to endorse as well. DVLA will then send my license back to me.
What to I get in the mail just after New Year? A letter from the DVLA revoking my license again!
This falls under the New drivers act-6 points=revoked license. I explain to DVLA that the magistrate advised me I had 12 points, not 6, he even read out my licensed date and date of address change, therefore he knew I was a new drivier. I even told him I was a new driver. DVLA said the only way I can not have it revoked is to see if the court can change the points.
I then call the court to ask for transcripts of the hearing but they inform they do not record the hearings only take notes. I sent out a letter requesting the notes but I doubt it will be verbatim. And I fear it will be a matter of he said, she said.
I also ask for the case to be heard in appeals that I had to submit in writing as well. But I am not convinced I will be successful getting the court to reopen the care and listen to my plea after I was convinced into a guilty plea. Why would they have to? They got their £200.
This has me is tears. Has anyone out there experienced this? That bad information was given at court and thus having the license revoked? Certainly, if I knew my license would still be revoked, I would have gone to trial and just have taken my chances. But with this, I just feel robbed. It is so unjust that a traffic court magistrate and legal advisor would give such bad information. After all, I am not privy to the law, I actually believed what they told me. Stupid, I guess, but what else can a person do but believe the court?
Have any of you successfully challenged an address change in court? How about an appeal based on the magistrates poor advice?
I feel this is such an injustice, if I had the money, I would pursue this forever. If you have any information that could possibly help, I am sincerely grateful. Thanks.
|