MS90 - Not Me

AndyMc.....

pittapatter wrote: »

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 DVLA informed me it was revoked back in 2009.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.

So unless you do the statutory declaration you're a provisional licence holder. Time is ticking on that one so I wouldn't drive until it's sorted.

TheTalkingDead

pittapatter wrote: »

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 DVLA informed me it was revoked back in 2009.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.

well, the courts could find you not guilty on stat dec and inform the DVLA of this, the whole gig is upto the DVLA to reinstate or then revoke again due to failure to update, although a not guilty would most likely trigger you're licence re instatement, but will mostly likely trigger a fine and revoke for failure to renew photocard or update your address or both until they're sorted out, plus fine for not filling out V5C keeper details.



There is several things that need to be established.


Date sold car:


Date moved back home:


Distance home is from flat:


Why you couldn't obtain your mail:


Why you did not have a diverted mail set up with royal mail.


failure to furnish is completely separate from the person who committed the offence, you were the registered keeper responsible for the cars paperwork. The person who committed the offence is of no consequence now irrelevant.


You have to convince a magistrate bench, that you had no prior knowledge of the proceedings, why you had no prior knowledge, why you couldn't redirect your mail, why you could not return to the flat for past mail as a justification as to why you could name the driver of the vehicle you were still responsible for and convince them that your not guilty of the F2T but guilty of being hopeless with your obligations to the DVLA, your also going to have to convince them that your not trying to circumvent the will of parliament with the new drivers act in trying to reverse the magistrates 6 points and fine to obtain you license back to skip doing your tests again.


OR pass both tests.

TheTalkingDead

AndyMc..... wrote: »

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

he'll still owe it if he loses. or if he wins he'll pay it in lawyer fee's if he retains one.

Car_54

pittapatter wrote: »

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.

It doesn’t matter that you weren’t the person driving: you were not convicted of a driving offence, but failure to name the driver. Six points, and automatic revocation.

It’s difficult to see how you can avoid reapplying and sitting both tests again.

TooManyPoints

You have to convince a magistrate bench, that you had no prior knowledge of the proceedings...

No he does not. To undertake a Statutory Declaration he simply has to swear before the Bench (or a solicitor who is a Commissioner for oaths) that he knew nothing of the proceedings. He does not have to convince those hearing it of anything. Of course he will be warned that if he knowingly makes a false declaration he commits a serious offence.

pittapatter

thanks all you guys for your advices. The woman on the phone to me did tell me the spiel regarding oaths etc.
(I dont believe i have to be in front of a judge and a jury regarding this. I just fill out a form and/or inform the clerk how i plea, and then it goes from there).

She said once I plea, the original offence will automatically get set aside. (I do not know how quickly or how long this will be), until the courts look into it further....

wgl2014

I would suggest getting some proper legal advice before making a stat dec. There is potential to increase your liabilities if you get to trial without a decent defence.

I think it was mentioned before but pepipoo website has some qualified posters offering guidence and are generally quite good.

AndyMc.....

TheTalkingDead wrote: »

well, the courts could find you not guilty on stat dec and inform the DVLA of this, the whole gig is upto the DVLA to reinstate or then revoke again due to failure to update, although a not guilty would most likely trigger you're licence re instatement, but will mostly likely trigger a fine and revoke for failure to renew photocard or update your address or both until they're sorted out, plus fine for not filling out V5C keeper details.



There is several things that need to be established.


Date sold car:


Date moved back home:


Distance home is from flat:


Why you couldn't obtain your mail:


Why you did not have a diverted mail set up with royal mail.


failure to furnish is completely separate from the person who committed the offence, you were the registered keeper responsible for the cars paperwork. The person who committed the offence is of no consequence now irrelevant.


You have to convince a magistrate bench, that you had no prior knowledge of the proceedings, why you had no prior knowledge, why you couldn't redirect your mail, why you could not return to the flat for past mail as a justification as to why you could name the driver of the vehicle you were still responsible for and convince them that your not guilty of the F2T but guilty of being hopeless with your obligations to the DVLA, your also going to have to convince them that your not trying to circumvent the will of parliament with the new drivers act in trying to reverse the magistrates 6 points and fine to obtain you license back to skip doing your tests again.


OR pass both tests.

How can they do that? The offence doesn't carry points.

TheTalkingDead

AndyMc..... wrote: »

How can they do that? The offence doesn't carry points.

Perhaps I should have said refused the application to re-issue a new full licence to the OP, IF he wins at magistrates, until he provides new photo and address, sometimes the provisional details will cross over and the licence is issued with the current updated details, but as a different department will deal the courts decision and re issue of his licence this doesn't always happen that way.


The usual follows after, fines for failure to renew photo card, failure to update V5C, purely administration issues the OP could face in relation to the mess he has found himself in.


@toomanypoints, Whilst in his declaration he doesn't have prove he had no knowledge, often what happens when a date is set for re-hearing, and at that hearing if the OP plea's not guilty to FtF what often happens is that the same hearing will move on with this and hear the case again there and then (sometimes they adjourn to another date depends what's going on on the day), where he will most likely be probed on why he didn't know of any prior proceedings (the mags will look for possible PCOJ), why he would not reasonably go back to his old flat and collect mail and other in depth awkward difficult personal questions etc, hope this clarifies.

AndyMc.....

If he wins at magistrates court he's entitled to drive.