Help! Failure to Identify Drive - not sure what will happen next...

Car_54

OxonMan75 said:

Mildly_Miffed said:

OxonMan75 said:

It also seems really unfair for me to lose my licence through a mistake - I did not deliberately choose to ignore the original NIP or any further correspondence.

But you did fail to do what was legally required - to make sure that the address on the V5C was one at which you could be reached in a timely manner...

That's why you're being penalised for failing to reply to the NIP. Because you *did* fail to. True, you didn't reply because you didn't receive it... but that's only down to not having updated the address. That in itself can be penalised by a fine of up to £1,000 - although no points.

I completely understand the technicalities and am not arguing against that. Definitely a cautionary tale and not something to be done again next time we move. My question was more what I can do about it now.

Having said that, from what I've read the police state that once you have changed your address, you are no longer committing an offence and so that is not something that can come back to bite you. I'm just glad that I did change the address on my V5C once I was aware that I needed to.

The thing is that the initial fine was £660, but it escalated to £1,000 because I did not respond (because I was unaware of the case). I'm hoping that by resetting the case, I will be able to reduce the penalty. What I don't want is to be charged once for speeding and again for failing to inform though, but from reading the other comments it seems as though that won't happen.

If the fine was indeed £660, there would also have been a victim surcharge (currently** 40% or £264) and prosecution costs of c£90. No escalation needed!

** = maybe less, depending on the date of the offence. I can't remember offhand when it increased to 40%.

TooManyPoints

 What I don't want is to be charged once for speeding and again for failing to inform though, but from reading the other comments it seems as though that won't happen.

You cannot be convicted of speeding unless you plead guilty as they have no evidence that you were driving. That comes from the response that you did not provide. That's the "leverage" you have to request the "deal" outlined above. 

 I can't remember offhand when it increased to 40%

For offences committed on or after 16th June 2022.

bluelad1927

 I'm just glad that I did change the address on my V5C once I was aware that I needed to

You've said this twice as if the requirement to change address is a little known fact and not your fault.

Just like any other communication how did you expect thev DVLA to keep in contact with you once you moved house?

OxonMan75

bluelad1927 said:

 I'm just glad that I did change the address on my V5C once I was aware that I needed to

You've said this twice as if the requirement to change address is a little known fact and not your fault.

Just like any other communication how did you expect thev DVLA to keep in contact with you once you moved house?

The answer to that is in what I originally wrote - I changed the address on my driving licence immediately after moving, and (possibly foolishly) assumed that was me done. As I said, it's a mistake I won't be making again, but still a mistake rather than something I did deliberately. 

Okell

OxonMan75 said:

bluelad1927 said:

 I'm just glad that I did change the address on my V5C once I was aware that I needed to

You've said this twice as if the requirement to change address is a little known fact and not your fault.

Just like any other communication how did you expect thev DVLA to keep in contact with you once you moved house?

The answer to that is in what I originally wrote - I changed the address on my driving licence immediately after moving, and (possibly foolishly) assumed that was me done. As I said, it's a mistake I won't be making again, but still a mistake rather than something I did deliberately. 

You aren't the first person to make this mistake.

The mistake you've made is assuming that the DVLA database "knows" what car you are the Registered Keeper of and that when you update your licence it will also automatically update your car's V5C.

It doesn't work like that because there is no link between your licence and your car.  You have to update both.

OxonMan75

Okell said:

OxonMan75 said:

bluelad1927 said:

 I'm just glad that I did change the address on my V5C once I was aware that I needed to

You've said this twice as if the requirement to change address is a little known fact and not your fault.

Just like any other communication how did you expect thev DVLA to keep in contact with you once you moved house?

The answer to that is in what I originally wrote - I changed the address on my driving licence immediately after moving, and (possibly foolishly) assumed that was me done. As I said, it's a mistake I won't be making again, but still a mistake rather than something I did deliberately. 

You aren't the first person to make this mistake.

The mistake you've made is assuming that the DVLA database "knows" what car you are the Registered Keeper of and that when you update your licence it will also automatically update your car's V5C.

It doesn't work like that because there is no link between your licence and your car.  You have to update both.

Thanks Okell! Do you know what's normally happened with other cases like this? What's the outcome generally been? Does the court ever lay aside the failure to inform charge?

TooManyPoints

Do you know what's normally happened with other cases like this? What's the outcome generally been? Does the court ever lay aside the failure to inform charge?

The court doesn't lay aside anything. That decision rests with the prosecutor. Prosecutors are generally reasonable people and in the main they have no desire to see a driver suffer quite serious consequences for what is an administrative oversight. 

This procedure is carried out in courts across the land every day and is well known. I have only ever heard of one occasion where the defendant's offer was declined. In that case the defendant was less than polite to the prosecutor, demanding this and that and telling the prosecutor what he must do. So the prosecutor showed him what he could do.

The overwhelming likelihood is that your offer will be accepted.  

OxonMan75

TooManyPoints said:

Do you know what's normally happened with other cases like this? What's the outcome generally been? Does the court ever lay aside the failure to inform charge?

The court doesn't lay aside anything. That decision rests with the prosecutor. Prosecutors are generally reasonable people and in the main they have no desire to see a driver suffer quite serious consequences for what is an administrative oversight. 

This procedure is carried out in courts across the land every day and is well known. I have only ever heard of one occasion where the defendant's offer was declined. In that case the defendant was less than polite to the prosecutor, demanding this and that and telling the prosecutor what he must do. So the prosecutor showed him what he could do.

The overwhelming likelihood is that your offer will be accepted.  

Thank you TooManyPoints, that's very reassuring! I certainly have no intention of being impolite! I work in sales within the international education sector and know full well that that doesn't get you anywhere... Fingers crossed!