MS90 - Not Me

AndyMc.....

Comms69 wrote: »

So 9 years of driving without a valid licence?

And your point is?

It's not like the offence carries any penalty points.

Comms69

AndyMc..... wrote: »

And your point is?

It's not like the offence carries any penalty points.

My point is - it's an offence... Surely even you can manage to work that out?

TheTalkingDead

Comms69 wrote: »

My point is - it's an offence... Surely even you can manage to work that out?

But the OP was not caught and there is a statutory defense under strict terms, but I digress, I see this a moot point.


The OP would have no defense if he is caught, now, he has been informed, now, so he should refrain from driving until he can determined whether he can reapply for his full licence or he had probationary period full licence and need to take tests again as he was 6 pointed in his Probationary period, all he can do now, in the now, without waiting for stat Dec.


whilst he is entitled to do a stat dec, I see no point, the conviction it is "spent" non declarable to insurers and wont show on his licence. He maybe inconvenienced slightly by applying for a new licence if in "probie" period and being a learner, till both tests are completed.

AndyMc.....

Comms69 wrote: »

My point is - it's an offence... Surely even you can manage to work that out?

It's an admin offence, he's still entitled to drive.

AndyMc.....

TheTalkingDead wrote: »

But the OP was not caught and there is a statutory defense under strict terms, but I digress, I see this a moot point.


The OP would have no defense if he is caught, now, he has been informed, now, so he should refrain from driving until he can determined whether he can reapply for his full licence or he had probationary period full licence and need to take tests again as he was 6 pointed in his Probationary period, all he can do now, in the now, without waiting for stat Dec.


whilst he is entitled to do a stat dec, I see no point, the conviction it is "spent" non declarable to insurers and wont show on his licence. He maybe inconvenienced slightly by applying for a new licence if in "probie" period and being a learner, till both tests are completed.

What's his statutory defence? His photo expired in 2012 so he's not had a valid licence since them MS90 or not.

TheTalkingDead

AndyMc..... wrote: »

What's his statutory defence? His photo expired in 2012 so he's not had a valid licence since them MS90 or not.

under the offence of S172 there is a statutory defence, “A person shall not be guilty of an offence [under s.172(2)(a)] if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”. The MS90 was applied in 2009, and not long after due to not surrendering his licence for it to be applied would have seen it revoked long before 2012's Photocard expiry, therefore, any revocation for a invalid photocard would not be placed forward as the licence was fully revoked regardless, but I digress,
I think doing a stat dec would be pointless, and meaningless and serve nothing more than delay the OP in getting his licence back, seeing as MS90 is now spent, and all he has to do is apply for a licence with new photo's, like I said, if he was in 2 yr "probie" time at the time of conviction, he would need to take both tests again maybe with extended test but not too sure on that.

pittapatter

the reason for all of this is because I DO NOT want to do my theory & practical test again.

I already have a licence and this was an error or whatever it may be. But I was not the person driving/using the car at that time. When the woman from the courts informed me of what the offence was and what vehicle it was, it quickly rang in my head that that DEFINITELY was not me, as when I did have that vehicle I never got stopped once...


(back in 2009, I was in uni, so I had moved from the place I was renting back to parents house etc etc)

What I want to happen out of all of this is:

I passed my driving test in 2009, it shows 8 months later I got those 6 points (so that is an immediate revoke)

so now recently I wanted to renew my licence... I couldn't do that. DVLA informed me it was revoked back in 2009.

Now from this what I want is for the courts to tell DVLA to reinstate my licence (original) from 2009 and to allow me to renew it.

That's all.

Tokk

I don't know if that's possible or not.


If you had a license for such a short period of time, going on ten years ago then regardless of whether you have to take the test again you're almost certainly going to need to relearn how to drive and how the road works...
There's lots of bad drivers out there putting themselves and others at risk - please take great care in not becoming just one more.

EssexExile

Tokk wrote: »

If you had a license for such a short period of time, going on ten years ago then regardless of whether you have to take the test again you're almost certainly going to need to relearn how to drive and how the road works...

It seems that the op has been driving in the meantime.

AndyMc.....

TheTalkingDead wrote: »

under the offence of S172 there is a statutory defence, “A person shall not be guilty of an offence [under s.172(2)(a)] if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was”. The MS90 was applied in 2009, and not long after due to not surrendering his licence for it to be applied would have seen it revoked long before 2012's Photocard expiry, therefore, any revocation for a invalid photocard would not be placed forward as the licence was fully revoked regardless, but I digress,
I think doing a stat dec would be pointless, and meaningless and serve nothing more than delay the OP in getting his licence back, seeing as MS90 is now spent, and all he has to do is apply for a licence with new photo's, like I said, if he was in 2 yr "probie" time at the time of conviction, he would need to take both tests again maybe with extended test but not too sure on that.

Why? He'll still owe somewhere in the region of £500 plus costs.