ChatterBank1 min ago
Revoked licence for driving with no insurance
I was stopped for driving with no insurance and given a fixed penalty notice. Due to the fact the insurance company i had just taken a policy out with 9 weeks previously had made a series of errors when processing my insurance which had gone un-noticed by myself in this short timeframe, i decided to apply for a court hearing. I gathered my evidence and represented myself in front of the magistrate. I pleaded guilty (as the offence had taken place, i was behind the wheel of a vehicle that was not insured for third party damage) and continued to read out a statement and produced evidence.
I was given a full dismisal of punishment (including court costs) but advised the 6 points were mandatory. Prosecutor advised revokation of licence is not always final and that the DVLA can allow discretion and gave a tip to contact the DVLA with a statement similar to the one read out in court. (he also advised the full dismisal of punishment may work in my favour).
Within a matter of days my licence was returned, endorsed with 6 points from the court and a letter from DVLA arrived the day after to inform of the revokation taking place.
Am i still entitled to appeal to the DVLA?
Should my licence have been returned and if not... where should it go?
what do i do about my current insurance?
I was given a full dismisal of punishment (including court costs) but advised the 6 points were mandatory. Prosecutor advised revokation of licence is not always final and that the DVLA can allow discretion and gave a tip to contact the DVLA with a statement similar to the one read out in court. (he also advised the full dismisal of punishment may work in my favour).
Within a matter of days my licence was returned, endorsed with 6 points from the court and a letter from DVLA arrived the day after to inform of the revokation taking place.
Am i still entitled to appeal to the DVLA?
Should my licence have been returned and if not... where should it go?
what do i do about my current insurance?
Answers
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No best answer has yet been selected by bex6387. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I'm assuming your full licence has been revoked under the "new drivers" regulations (six points within two years of passing your test).
There is no right of appeal against the DVLA's revocation, only against the points which activated it in the first place. The DVLA may well have discretion not to revoke, but I've never heard of it being exercised.
Unfortunately for you "No Insurance" is what is known as an "absolute" offence. This means you either have it or you don't,and it is absolutely your responsibility to ensure everything is in order. If you don't have it you will stand convicted. There is little available in the way of mitigation, so an appeal against the imposition of the points is likely to fail.
You still hold a licence but it is a provisional one which means you must take a test (both parts) again.
If you no longer intend to drive you need to contact your insurers to see if they will allow a rebate for the unexpired part of the policy.
There is no right of appeal against the DVLA's revocation, only against the points which activated it in the first place. The DVLA may well have discretion not to revoke, but I've never heard of it being exercised.
Unfortunately for you "No Insurance" is what is known as an "absolute" offence. This means you either have it or you don't,and it is absolutely your responsibility to ensure everything is in order. If you don't have it you will stand convicted. There is little available in the way of mitigation, so an appeal against the imposition of the points is likely to fail.
You still hold a licence but it is a provisional one which means you must take a test (both parts) again.
If you no longer intend to drive you need to contact your insurers to see if they will allow a rebate for the unexpired part of the policy.
I think if i paid my Insurance and was stoped by the police I would be taking the Insurance Company to court.
If you can prove an error on there part has led to you lossing your Driving Licence due to There neglect.
More so as a new driver having to resit both parts of your test.
You pay as we all do and feel all is well jump behind the wheel and find yourself on the bus to work.
Think you may have a Case against the Insurance Company.
If you can prove an error on there part has led to you lossing your Driving Licence due to There neglect.
More so as a new driver having to resit both parts of your test.
You pay as we all do and feel all is well jump behind the wheel and find yourself on the bus to work.
Think you may have a Case against the Insurance Company.
If you honestly believed that you were insured at the time you should have pleaded not guilty and shown your evidence to the bench. By pleading guilty there was little they could do. Did the chair of the bench advise you to get legal advice? Many times cases have been put back for people to get advice.
I was wondering who your insurance provider was, as I am in a similar predicament whereby it was the incompetence of the insurance company, whom did not notify me via letter or phone that the insurance had expired! This is amongst other failures on their part... including me asking them to take payment for the full yr... Conveniently they do not keep the telephone records for the period of your insurance so there is little come back on them!
In addition how can I prove that they definitely failed to send the letters, as, again there is no need for them to send letters with proof of postage.
Seems unfair when you whole heartedly believe you are insured and there is not enough emphasis on insurers to do their jobs properly... as we are the ones who are punished for their errors!
sorry to rant! Just very concerned and annoyed by what appears to be injustice!
In addition how can I prove that they definitely failed to send the letters, as, again there is no need for them to send letters with proof of postage.
Seems unfair when you whole heartedly believe you are insured and there is not enough emphasis on insurers to do their jobs properly... as we are the ones who are punished for their errors!
sorry to rant! Just very concerned and annoyed by what appears to be injustice!
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