MS90 - Not Me

pittapatter · 18 March 2019 at 4:27PM

I did some digging on my licence as I needed to renew it. dvla told me I cannot renew it because it was 'revoked'. I said when, they said around 2009; I was very much confused.

(I should had renewed my licence when it expired in 2012, but of course life takes its course)

so in the interim I was highly confused on this so ordered a provisional. But after more digging I was given 6 points and a £600 fine with ms90 - failing to provide driver information. I didn't know what all this related to.

fast forward and to cut a long story short, the woman from the courts advised me it was regarding a vehicle (which I did have) but I sold the vehicle. I probably had it for around 2 months if that.

I gave everything to the new person as you would do. Now I am thinking about it, they probably didn't change over the name on the logbook there and then and kept it how it was. (Yes you are supposed to send of the slip).

Now this has happened. The situation would be is that it was take me back to having to re-do my whole licence again, when in actual fact, I do not need to, as this situation 'was somebody else'.

How did the court even go ahead and issue myself with the points and the fine exactly? How does that even work? Did the police not do their checks on the actual driver etc...?

Now the court is going to further on my case and hopefully this will get settled.

AndyMc..... · 18 March 2019 at 4:31PM

I'm guessing it's all come about as a Section 172 request when unanswered.

You need to do a statutory declaration either before a court or solicitor.

Herzlos · 18 March 2019 at 4:41PM

The police will have written to the address the car was registered to to ask who the actual driver was and you didn't respond. Was this address out of date?

They've then presumably linked your license to that car (via insurance or address) and written to you again with the failure to identify which you didn't respond to.

As this was 10 years ago, I'm not sure if there's much you can do, or if it'd have any real impact on insurance etc. Your best bet here would be to contact a solicitor that specialises in motoring offenses.

Car_54 · 18 March 2019 at 4:46PM

As Andy has said, it will have been a conviction (in your absence) for failing to nominate the driver for an alleged offence. Probably due to a change of address on your part?

You can make a statutory declaration which would quash the conviction and restart the process, but I doubt if that would achieve anything: from what you've said you don't have a defence.

I'd suggest that if you contact the court and pay the fine your licence should be re-instated, as the points have long since expired.

However, you should post on pepipoo.com for more expert advice.

forgotmyname · 18 March 2019 at 8:24PM

May not be guilty of failing to name a driver if you sold the vehicle but guilty of failing to notify the DVLA of a keeper change?

Been the keepers responsibility to notify the DVLA of a change for a long time now. Be careful saying the new owner failed to change the details.

TheTalkingDead · 18 March 2019 at 10:26PM

It was 10yrs ago? The conviction is spent then!

If you were in a probabtionary period after just passing test when the point were applied the OP needs aopply for provisional to retake both tests and not drive without someone who matches criteria to sit next next to him, with L plates.

If not just needs to re-apply for his license been that long the MS90 shouldnt even show.

As for the fine, the OP needs to take it up with the court regarding it as statute of limitations is not subjected to court issued fines.

Car_54 · 19 March 2019 at 6:29AM

forgotmyname wrote: »

May not be guilty of failing to name a driver if you sold the vehicle but guilty of failing to notify the DVLA of a keeper change?

No, MS90 = Failure to furnish driver details.

TheTalkingDead · 19 March 2019 at 1:47PM

Car_54 wrote: »

No, MS90 = Failure to furnish driver details.

No, what he is saying is that, although he has a MS90 if he Sat dec it, he could plea he is not guilty on the basis he sold the vehicle prior to the offence and gave away the V5C, and that he is guilty of failure to update keeper details and not guilty of MS90 and not a court issue but a DVLA issue.

Trouble with this is, the court will see want to know how come he didn't get any letters then, when the car was still registered in his name? assuming he didn't move during that time also.

Comms69 · 19 March 2019 at 2:05PM

So 9 years of driving without a valid licence?

Car_54 · 19 March 2019 at 2:29PM

TheTalkingDead wrote: »

No, what he is saying is that, although he has a MS90 if he Sat dec it, he could plea he is not guilty on the basis he sold the vehicle prior to the offence and gave away the V5C, and that he is guilty of failure to update keeper details and not guilty of MS90 and not a court issue but a DVLA issue.

Trouble with this is, the court will see want to know how come he didn't get any letters then, when the car was still registered in his name? assuming he didn't move during that time also.

Exactly. He'd have to convince the court that a whole series of post had failed to arrive: at least a NIP, a summons, advice of sentence, and any number of letters demanding payment and/or return of his licence. That sounds like an uphill struggle.

AndyMc..... · 19 March 2019 at 3:18PM

Car_54 wrote: »

Exactly. He'd have to convince the court that a whole series of post had failed to arrive: at least a NIP, a summons, advice of sentence, and any number of letters demanding payment and/or return of his licence. That sounds like an uphill struggle.

There may even be a warrant out for his arrest.

MS90 - Not Me

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