Points on license- bizarre situation.

TooManyPoints

But no requirement to stop for an offence of no insurance. 

No. The only offences I can think of off the top of my head where a stop would be necessary are drink/drug offences (where the driver would need to be screened or tested) and some C&U offences (where the vehicle would need to be examined). There may be others  but I can't immediately think of any.

Car_54

DB1904 said:

Car_54 said:

DB1904 said:

Car_54 said:

DB1904 said:

ontheroad1970 said:

It could be something that is meant for someone else being applied to your licence in error.  The £120 fine is way way way too low, and could only possibly have been applied by a court with someone present, as the minimum starting point fine would be way above this, as the fine is unlimited in court, and the fixed penalty is £300 so they would fine more than this in an unattended hearing.

How can you say that without knowing the weekly wage?

But the OP didn't know about the hearing, so the court could not know the wage either. In any event, if the OP was unaware and hadn't replied to an s172 request, there would be no evidence identifying the driver and so no conviction possible.

I agree it seems like this has been applied to the Op's licence in error.

Who said they did know? Surely you can work out that a low end no insurance offence with 75% of your weekly wage being £125, the fine is not too low. Even mercedesdriver can work out his post was wrong. 

The court did not know the OP's weekly wage. They may have known the defendant's wage, if (as seems likely) the defendant was not the OP.

I know, but you accept it's probable the fine was £125? Whoever it was imposed upon. 

I have never ventured an opinion on that.

DB1904

Car_54 said:

DB1904 said:

Car_54 said:

DB1904 said:

Car_54 said:

DB1904 said:

ontheroad1970 said:

It could be something that is meant for someone else being applied to your licence in error.  The £120 fine is way way way too low, and could only possibly have been applied by a court with someone present, as the minimum starting point fine would be way above this, as the fine is unlimited in court, and the fixed penalty is £300 so they would fine more than this in an unattended hearing.

How can you say that without knowing the weekly wage?

But the OP didn't know about the hearing, so the court could not know the wage either. In any event, if the OP was unaware and hadn't replied to an s172 request, there would be no evidence identifying the driver and so no conviction possible.

I agree it seems like this has been applied to the Op's licence in error.

Who said they did know? Surely you can work out that a low end no insurance offence with 75% of your weekly wage being £125, the fine is not too low. Even mercedesdriver can work out his post was wrong. 

The court did not know the OP's weekly wage. They may have known the defendant's wage, if (as seems likely) the defendant was not the OP.

I know, but you accept it's probable the fine was £125? Whoever it was imposed upon. 

I have never ventured an opinion on that.

Well someone earns £166 a week and is fined for low end no insurance. Have an opinion on the fine. 

TooManyPoints

Well someone earns £166 a week and is fined for low end no insurance. Have an opinion on the fine. 

With a guilty plea they would almost certainly be fined £166. 

What puzzles me with this is that the OP has received no notification of this offence and the proceedings which followed. He has has no request for the driver's details; no offer of a fixed penalty, no Single Justice Procedure Notice informing him of court proceedings, no notification of his conviction, no request for payment of the fine and costs and nobody has been knocking at his door for payment. More than that, this alleged offence was only four months ago. The conviction has seemingly already been recorded and reached his record at the DVLA, which in the current climate seems a bit quick.

It all points towards the conviction being recorded against the wrong person at the DVLA. But it is very coincidental that the date of the alleged offence ties in with the time he had a hire car. 

subbysmith

TooManyPoints said:

Well someone earns £166 a week and is fined for low end no insurance. Have an opinion on the fine. 

With a guilty plea they would almost certainly be fined £166. 

What puzzles me with this is that the OP has received no notification of this offence and the proceedings which followed. He has has no request for the driver's details; no offer of a fixed penalty, no Single Justice Procedure Notice informing him of court proceedings, no notification of his conviction, no request for payment of the fine and costs and nobody has been knocking at his door for payment. More than that, this alleged offence was only four months ago. The conviction has seemingly already been recorded and reached his record at the DVLA, which in the current climate seems a bit quick.

It all points towards the conviction being recorded against the wrong person at the DVLA. But it is very coincidental that the date of the alleged offence ties in with the time he had a hire car. 

Just to clarify, the offence was a year and 4 months ago. 29th nov 2020.

born_again

Have you contacted the hire company to check with them? Clearly they would not pay the fine. 

subbysmith

born_again said:

Have you contacted the hire company to check with them? Clearly they would not pay the fine. 

I have contacted them, but the department I need to speak to is by email only.

subbysmith

Update, I have finally got through to DVLA and found out which magistrates. Not sure how they choose the magistrate court, but this one is 100 miles from my home.

Grumpy_chap

Is it possible that this is nothing at all to do with the hire car?

Could it be that DVLA simply made an admin error somewhere and someone mis-keyed the driving licence details of whoever was done for driving without insurance and that just happens to be the OP's driving licence details that were entered?

subbysmith

Grumpy_chap said:

Is it possible that this is nothing at all to do with the hire car?

Could it be that DVLA simply made an admin error somewhere and someone mis-keyed the driving licence details of whoever was done for driving without insurance and that just happens to be the OP's driving licence details that were entered?

Yeah, that's what we are thinking it might be. It's a waiting game now to hear back from the hire car and the magistrate court.