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#Post#: 43213--------------------------------------------------
License Revocation Under New Drivers Act
DIR By: Hugopeel
Date: October 30, 2024, 4:48 pm
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Evening all,
Caught doing 51 in a 30 in February, Flowers hill, Bristol.
Acknowledged being driver of the vehicle then radio silence
until today (Oct 30th) when I received a letter saying they are
revoking my license due to 6 points before 2 years of driving.
No option to appeal the points before they were awarded? I feel
as though I've missed a step. Can I appeal this? I need my car
for my job as I commute from far. I can speak well for myself
and happy to speak in court.
Any support appreciated regarding appeals process or general
advice and tips.
Thanks
Hugo
#Post#: 43217--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: andy_foster
Date: October 30, 2024, 5:08 pm
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You seem to have missed the SJPN and been convicted in your
absence (the Single Justice Procedure would have been in your
absence anyway, but I digress).
Read the statutory declarations sticky.
However, the sentencing guidelines for 51 in a 30 say 6 points
or a short ban (7-56 days) for 51+ in a 30 limit, so unless you
have a defence you would probably find yourself back in the same
position, albeit potentially with a smaller fine if you get a
discount for a guilty plea and/or your relevant weekly income is
less than the presumed £440.
#Post#: 43218--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: NewJudge
Date: October 30, 2024, 5:12 pm
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I think you've missed a step.
You should have received a "Single Justice Procedure Notice"
informing you of a prosecution against you. If you didn't
receive this or didn't respond to it the matter will have been
heard in your absence. Six points is pretty much "nailed on" for
51 in a 30mph limit and as soon as the DVLA learns of those
points it will revoke your licence. There is no appeal against
that process. I take it you have received nothing from the court
informing you of the outcome and ordering you to pay a fine and
costs, etc.? Have you changed address since the date of the
offence?
The way to deal with this is to perform a "Statutory
Declaration" to have the conviction removed. There is a "sticky"
at the top of this part of the forum describing the process.
That said, you will face the charge again and as I said, six
points is pretty much a certainty. You can opt for a court
appearance and ask the court to either award fewer than six
points or instead impose a short disqualification
(disqualifications do not trigger revocation. The court is
unlikely to accede to that request because their guidelines
suggest that six points is the appropriate penalty. To impose
anything else would be doing so simply to circumvent the New
Drivers' Act. But it's your only realistic option to try to
avoid revocation.
I take it you are the Registered Keeper and that you received a
Notice of Intended Prosecution within 14 days of the offence?
#Post#: 43219--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: Hugopeel
Date: October 30, 2024, 5:21 pm
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Yes looks like I've missed the SJPN. But regardless it seems
that I wouldn't be able to win an appeal?
#Post#: 43221--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: Southpaw82
Date: October 30, 2024, 5:22 pm
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Depends what you mean by “win an appeal”?
#Post#: 43222--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: NewJudge
Date: October 30, 2024, 5:27 pm
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--- Quote ---
> But regardless it seems that I wouldn't be able to win an
appeal?
--- End Quote ---
We know what you mean but you should understand that you won't
be "appealing". What you will be doing is pleading guilty to the
offence but explaining your circumstances to the court and
asking them to sentence you outside their guidelines. I believe
this stands little chance of success but it will not cost you
anything to try (unless you have a particularly high weekly
income and you have been sentenced by a court who did not have
knowledge of that).
An important point. When you say "Yes looks like I've missed the
SJPN" are you certain you did not receive it? Or perhaps to put
it another way, are you sure you had no idea that a prosecution
had been taken against you?
#Post#: 43235--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: Hugopeel
Date: October 30, 2024, 6:59 pm
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are you certain you did not receive it? Or perhaps to put it
another way, are you sure you had no idea that a prosecution had
been taken against you?
[/quote]
I was waiting on the letter but it never arrived to me. I had no
idea a prosecution had been taken against me until the letter
arrived. Thank you for explaining what I mean by "appealing". If
pleading with the courts for less than 6 points in exchange for
a fine/driving course is unlikely to work would you say it's
worth the effort?
#Post#: 43249--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: NewJudge
Date: October 31, 2024, 3:21 am
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There is no question of a course being offered. Your speed was
far too fast for the police to offer one and the court has no
powers to order one. All you can do is to perform a statutory
declaration and plead guilty to the charge when it is put again
to you. Then explain your personal circumstances and the effect
revocation has, and ask the court to either impose fewer than
six points or impose a short disqualification.
My view, as I said, is that it has a very small chance of
success but it won't cost you anything except a bit of your
time.
A couple of things you should be aware of:
It probably explains it in the DVLA letter but since they have
revoked your licence you should not drive. However, you are not
disqualified from driving. You can apply for a new provisional
licence immediately and begin driving (in accordance with the
conditions of that licence) as soon as you have it. You can also
then apply to resit your test. The good news (if there can be
any) is that you cannot suffer revocation for this reason a
second time.
If you have not already done so, you should contact the court
where you were convicted to find out at what stage the
enforcement of your fine/costs etc. has reached. Most courts
allow 28 days for payment and may then instruct bailiffs to
secure collection.
#Post#: 43450--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: The Slithy Tove
Date: November 1, 2024, 3:01 am
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Question that the OP may not have thought of, and to which I
don't know the answer myself:
If they do a Statutory Declaration, the penalty (points, etc.)
will be removed pending the reinstatement of the charge. But
what about the licence revocation? Does that stay in place? Will
it eventually be reversed once the DVLA get updated? How long
will that take and does the OP need to assume no full licence
until then?
#Post#: 43455--------------------------------------------------
Re: License Revocation Under New Drivers Act
DIR By: NewJudge
Date: November 1, 2024, 3:42 am
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I believe the revocation must be reversed by the DVLA and the OP
must assume he has no licence (or at least only a provisional if
he applies for one) until then.
You make a good point because in the time it takes to see this
all completed the OP can be making arrangements to re-take his
test (although I know in some areas the waiting time for a test
is significant).
That said, I believe it is more likely than not that the court
will side against the OP and his licence will remain revoked. I
think if it was me I would be making those arrangements now
anyway.
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