Points on license- bizarre situation.

TooManyPoints

Purely hypothetical question, but if the OP is NOT the driver convicted of the no insurance offence and DVLA have simply recorded the points against the OP's licence in some sort of admin error, can the OP swear a statutory declaration?

That's a very good point. At present he has a conviction recorded against him with the DVLA - that's all he has to go on. Unless and until he establishes that there was no such conviction (i.e. this has arisen because of an admin error) I would suggest he continues with the SD process. The danger is that if he leaves it beyond 21 days and then finds out there really is a conviction against him, he will be "out of time" for the SD. I cannot envisage a court declining to hear his SD in those circumstances but neither can I imagine a prosecution for perjury (i.e. making a false SD) in those circumstances. But it's a complication he can avoid. After all, as far as he is aware he has been convicted.

ontheroad1970

If the OP can contact the magistrate's court responsible, it might be that there is another "Mr Smith with the same name but at a different address, and can check by giving his address.  This is either a mistaken identity at the court or a typo at DVLA.  I would start with the magistrate's court as that is more time sensitive, but if I were a betting man, I would say it is a mistype at DVLA.

subbysmith

Thank you all for your help. I have contacted the magistrate court and there is no way I am the person this is intended for. The offense was a stop by the police, in a Hyundai (a make of car I have never driven), my address and past addresses to not match up with the address on the report. And whoever it was has a plan in place to pay the fine. I am now waiting for them to get back to me about the next steps. The hire car was nothing to do with it.

DB1904

subbysmith said:

Thank you all for your help. I have contacted the magistrate court and there is no way I am the person this is intended for. The offense was a stop by the police, in a Hyundai (a make of car I have never driven), my address and past addresses to not match up with the address on the report. And whoever it was has a plan in place to pay the fine. I am now waiting for them to get back to me about the next steps. The hire car was nothing to do with it.

If your are in fact a Smith, there's a good chance someone has the same initials and date of birth. It's only needs one error with a random digit and you've got your conviction. 

subbysmith

DB1904 said:

subbysmith said:

Thank you all for your help. I have contacted the magistrate court and there is no way I am the person this is intended for. The offense was a stop by the police, in a Hyundai (a make of car I have never driven), my address and past addresses to not match up with the address on the report. And whoever it was has a plan in place to pay the fine. I am now waiting for them to get back to me about the next steps. The hire car was nothing to do with it.

If your are in fact a Smith, there's a good chance someone has the same initials and date of birth. It's only needs one error with a random digit and you've got your conviction. 

I am a Smith, with a common first name and no middle name. Thinking of getting my name changed to Nebuchadnezzar.

ElefantEd

subbysmith said:

I am a Smith, with a common first name and no middle name. Thinking of getting my name changed to Nebuchadnezzar.

I wouldn't, the DVLA print his motoring convictions in big letters on the wall!

biscan25

Can I add that once the points issue is resolved, you contact the powers that be at the Claims and Underwriting Exchange (CUE), to ensure there's no non-disclosure marker on your file.

Ant555

subbysmith said:

Thank you all for your help. I have contacted the magistrate court and there is no way I am the person this is intended for. The offense was a stop by the police, in a Hyundai (a make of car I have never driven), my address and past addresses to not match up with the address on the report. And whoever it was has a plan in place to pay the fine. I am now waiting for them to get back to me about the next steps. The hire car was nothing to do with it.

Its great news that it is not your conviction to declare (I was rooting for you but worried that you might be given the run around)  -  I guess that still leaves you in limbo for the renewal this month depending on the timing of the next steps or if the insurance company will accept a copy of the message that you received as 'proof' its a mistake.

subbysmith

Ant555 said:

subbysmith said:

Thank you all for your help. I have contacted the magistrate court and there is no way I am the person this is intended for. The offense was a stop by the police, in a Hyundai (a make of car I have never driven), my address and past addresses to not match up with the address on the report. And whoever it was has a plan in place to pay the fine. I am now waiting for them to get back to me about the next steps. The hire car was nothing to do with it.

Its great news that it is not your conviction to declare (I was rooting for you but worried that you might be given the run around)  -  I guess that still leaves you in limbo for the renewal this month depending on the timing of the next steps or if the insurance company will accept a copy of the message that you received as 'proof' its a mistake.

The insurance company have said they will accept a letter of email, if letter headed by the magistrate court, before the 8th April. Just got to hope they sort it soon.

subbysmith

biscan25 said:

Can I add that once the points issue is resolved, you contact the powers that be at the Claims and Underwriting Exchange (CUE), to ensure there's no non-disclosure marker on your file.

Thanks for the advice. I will do that.