Penalty points endorsed twice for the same offence.

dude89

Hey, I would appreciate some advice on the best way to get this sorted ASAP.

28th July 2012

I moved address and hadnt got around to changing address on license

30th July 2012

I got pulled over for driving whilst using a phone (which was very stupid of me) and got issued with a FPN for 3 points and £60 fine.

1 hour later i surrendered my license to the correct police station to be endorsed. On the paper copy of the license I filled in the new address section and was advised by the police that this would be followed.

13th August 2012

Paid fine on automated payment line.

16th August 2012

Original payment made was returned to me due to problem with automated system not recognising the letter x at the end of serial number on FPN.

14th September 2012

Realised the payment had been returned when receiving credit card statement. Phoned up fixed penalty office to ask what the problem was. They advised they would look into it and ring back.

21st September 2012

After hearing nothing back contacted fixed penalty office who advised the problem was due to automated system not recognising serial number. Made payment again. The person on phone advised they would endorse license and send it back.

Mid October 2012

Contacted fixed penalty office as I had not received license. They advised they would look into it and send it to me

(1st daugher born 24th October so took my eye off the ball with chasing this further)

22nd December

Received driving license endorsed with 3 points and correct address. Accompanying this was a letter from DVLA advising me license had been revoked and to return it to them. Contacted DVLA who advised it had been suspended due to 2 x cu80 convictions on 30th July. One issued by Bridgend magistrates court and one by the fixed penalty office. (Due to me being I'm 2nd year of driving this resulted in license bing revoked)


What I think has happened is that the returned payment has meant that the fixed penalty office has sent me to magistrates. Because I moved address they sent notification to the old address. The magistrates has them issued 3pts in my absence. Them when I paid the fixed penalty office they have also issued the 3pts.

This has now meant I can not drive. I have only commutes one offence. How can I get this resolved quickly as I need my car for work.

Any advise is greatly appreciated.

(I have also posted this in the sub forum though i don't know which is the correct place)

peter_the_piper

You could also post this onto pepipoo.com, the speeding etc forum, they have very experienced people on there who can also help.

Sgt_Pepper_2

peter_the_piper wrote: »

You could also post this onto pepipoo.com, the speeding etc forum, they have very experienced people on there who can also help.

He already has.

peter_the_piper

Just noticed, I come on here first.

dude89

peter_the_piper wrote: »

You could also post this onto pepipoo.com, the speeding etc forum, they have very experienced people on there who can also help.

Cheers for the advice. I only found out about pepipoo after posting on here. I have been advised about a statue limitation though I have no idea how long this takes etc or when I can even do this due Xmas. Court is not available today

kingstreet

It's a statutory declaration. You are making a legal declaratrion that you knew nothing about the case and had no opportunity to defend it. You must make it within 21 days of finding out you have been convicted in your absence.

You make it at a Magistrates' Court and it sets aside the original verdict and sets the offence back to "summons" status. The CPS can then decide if it wishes to proceed with the prosecution.

You will need to telephone the Magistrates' Court when it re-opens and make an appointment to go in and swear the affidavit. The Court will then fax your declaration to the Court which heard the case, presuming it's different.

At the same time, contact DVLA and tell them you are doing this. They will be able to then advise you on when your licence will be re-activated.

Splott

What kingstreet said. My mate did this last week when he got hauled in front of court for two speeding offences he knew nothing about. He used to be a lorry driver and moved house after being made redundant. He'd got caught speeding a week before by a camera so his ex-employer gave the police his old address and all paperwork went there so he didn't see it.

He made a declaration and it all started again.

dude89

Thank you for everyone's advice. Just an update I managed to speak to the magistrates courts on the 27th who had no evidence of me ever being in front of them or of me ever being listed in the court. They then contacted DVLA who advised that it was them who informed them (what a palaver) the court then told the DVLA to remove 3 of the points as they never issued them. The DVLA finally completed this on Friday, after twice being told to do this and failing their own timescales.

peter_the_piper

Thanks for the update, its nice to hear the result of a problem, especially when its a good one.