Driving ban Wrong identity

ali4758

Hi, looking for advice, my daughters partner has been told he is banned from driving and owes £1500 in fines and costs for speed camera offences he didn't commit. The offences are on motorway near Rugby and we live in Dorset. The background is that his father has exactly the same name as him and his brother, who is disqualified registered the car in his fathers name and gave the family address. The documents were all sent to the address of the father  who is divorced from mother and he simply ignored them. They then sent them to the original family address where the mother still lives.  The documents were forwarded by his mother after all dates for any notifications could be challenged and my daughter partner contacted them to state it was not him, he had never owned the vehicle, hadn't lived at the address for twenty years, and was living in Dorset at the time of the offences and could prove by digital photography that he was in Dorset at the time of most of the offences. When they contact the fines people they get routed to the payment line via automated phone diversion. Both the father and brother tell him just to ignore it but he has a business and is currently having to be driven around by my daughter. The brother has refused to come clean and has sold the vehicle. They don't know where to start to challenge the process and any help would be appreciated.

ali4758

The stills from the camera are all from the rear so no driver ID can be confirmed

Car_54

He cannot have been convicted of speeding offences unless he nominated himself as the driver. Has he perhaps been convicted of failing to provide driver details?

Whatever, this is a somewhat confusing second- or third-hand account. Please ask your relative to post directly, and to give a clear timeline, with dates.

k3lvc

Cool story

Who's told him he's banned ? Police ? DVLA ? Insurance company ? Are you suggesting 'Brother' has impersonated inc name/DOB/address/licence number etc ?

The solution's simple - a report to the police that Brother is perverting the course of justice and then try and unwind from there 

AdrianC

The car is registered in the father's name, at an address he does not live at.
When the V5C for the car came through, nobody at that address did anything about them.
When the s172 requests to identify the driver came through, nobody at that address did anything about them until after the deadline has passed. That should be a MS90, Failure to Identify, for the keeper.

And it sounds as if that's what's happened - but with the wrong person identified, the son not the father. But since the keeper is Mr John Smith, and the son is Mr John Smith, who's to say he isn't the same Mr John Smith...?

He needs to stop replying with irrelevances.
"Didn't own it"? Nope, irrelevant. The V5C explicitly says it's not a record of ownership.
"Didn't live there"? Nope, irrelevant. The V5C is in "his" name at that address.
"Was in Dorset"? Nope, irrelevant. The penalty is for failure to identify the driver.

What he needs to do is to contact the court, and explain that he is not the Mr John Smith on the V5C, but he believes it to be his father of <address>. The formal process to do that is via a Statutory Declaration. He knows which court it was? Probably Warwick or Coventry?

Finally, he needs to break off all contact with these wastes of oxygen.

He also needs to stop driving until this is sorted out... Because he currently has no licence...

ali4758

His brother doesn't give a toss, he will deny everything, even owning the vehicle, nothing on social media showing either vehicle or his brother in it. I believe DVLA informed he is banned and must pay fine and receive points and he is banned/suspended forthwith. No I'm not suggesting impersonated him, I stated that his father has the same name as him and the brother registered it in the fathers name. It originally went to fathers address but he ignored it and it went to the old family address where the mother still lives. It could have gone to his old marital home where his hostile ex wife lives but was given to him by his mother. I believe they may have got his details when he sent back a statutory notification stating he wasn't driving or owning the vehicle or from the hostile ex wife.I will get him to post directly and link it to this, if nobody knows a course of action from this information

AdrianC

You've been told the course of action.

Contact the court. Statutory Declaration. Do not drive in the interim.

Herzlos

Talk to a lawyer who specializes in motoring law too, because this is kind of messy and beyond what we can advise on here.

Manxman_in_exile

Another one of these?

ali4758 - have a look at the other thread on this board by zxemzexem titled "DVLA - Unrecognised penalty".  And look at the two pepipoo threads linked to in that thread by myself and Toomanypoints.

As others have already said, he must stop driving immediately and swear a Statutory Declaration at court that he knew nothing of the proceedings and ban.  (Note - he has to swear it on oath and if he does not tell the truth he's committing perjury - or he's in contempt of court - I'm never sure which.  Either way he can't lie when he swears it).  After the conviction has been re-set, I presume he will have to persuade the convicting court and/or DVLA that it's his father (the Registered Keeper) who is the "John smith" who should have been convicted.  

Good luck with that!

(EDIT:  Has he done a Statutory Declaration previous to this?  You mention "them" getting his details after he did a "statutory notification"?  Sorry - but your posts are confusing to read and hard to understand.)

AdrianC

Manxman_in_exile said:

Another one of these?

This is slightly different - they're in the right direction with this one...

Manxman_in_exile

Yes.  I'm wondering if the court/DVLA were quite close in this case.