Is there anything that can be done if a driver receives a notice of intended prosecution for driving while using a mobile phone, goes through a court hearing without knowing about it, and has their license revoked? | LawHive - Solicitors & Lawyers Online
Is there anything that can be done if a driver receives a notice of intended prosecution for driving while using a mobile phone, goes through a court hearing without knowing about it, and has their license revoked?
Hi all, I’m wondering if anyone would be able to help me. Just over a year ago I received a notice of intended prosecution stating I had been caught driving while using a mobile phone. It was noticed by an off duty police officer. There are a number of people who are insured on the car so I asked for some evidence of the driver so I can put the correct details down. I received a letter saying they had no evidence but a description. Which did not help me as it did not narrow anything down. I wrote back explaining this and I never heard anything back. I have now since changed address. My boss has now received a letter stating a deduction in my salary until the fine is paid. When I contacted the court to see what fine this was it seems that they had a court hearing for my case that I was none the wiser too. They gave me 6 penalty points and a fine to pay. However at the time of offence my license was under 2 years old and so the 6 points has resulted in my license being revoked. I desperately need my license as I drive work and back and I go to university. Can anyone help on what my options are to get the points reversed so I can have my license back as soon as possible, especially since the court hearing for my case happened without my knowledge is there anything that I am able to do? Thanks in advance.

Tyler Mulder

9th April 2022

2 upvotes

Top Answer
NQ - write to the court dealing with the situation and state that as the description is the only evidence they have, ask if you can have a copy of the description as it could be any of the number of people insured to drive the car. Explain that the conclusion of the case has caused you exceptional hardship and you need to find out for definite who was driving at the time. explain that you were not notified of the case going to court and so had no opportunity to defend your position. you may have to apply to court to try and get your licence back.

Barbara Mead

9th April 2022

1 upvote

Driving Instructor- did you notify the DVLA of your change of address?

Steve Josephs

9th April 2022

+6

9 upvotes

CILEX.. when you asked for the description/ evidence against you who were you speaking to? DVLA or the police? One of them should have notified you of next steps ie that the case had been sent to Court, the Court would have then sent you out a hearing date. However, if you've moved address and failed to update your address with the DVLA (this is an offence in itself) then they would have been writing to the address listed on your drivers licence ie your old address. This isn't a defence, because it could actually end up in you receiving more points for failing to notify the DVLA of a change of address.

Mark Tatro

9th April 2022

1 upvote

Court admin - if you were unaware of the court proceedings you can do a statutory declaration which is where you swear that you didn’t know of the proceedings, not that you are guilty or not guilty of the offence. It would be up to you as the registered keeper to find out who was the driver of the vehicle at the time of the offence if it wasn’t you. If the statutory declaration is accepted then the fine will be put on hold until the case is heard again. A statutory declaration basically restarts the whole case again and gives you chance to have your say

Barbara Patrick

9th April 2022

+7

10 upvotes

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