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can someone be disqualified from driving without knowing?

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nadineb | 10:34 Tue 07th Dec 2010 | Road rules
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can someone please help settle an argument.....a person we work with has been driving around for about 3 years with no insurance tax or MOT ( yes we too are flabberghasted that she has never been stopped!) the reason being that she moved house about 2 years ago and never let the dvla know of her change of address so any fines or correspondance would have gone to her old address. Apart from the fact that we are all disgusted with this person and have told her.. one or two of us have rang the poilce and the dvla and given her new address but nothing has ever been done!

My argument is that she could now be disqualified from driving without knowing because the court summons (which she would not have attended) and the following disqualification notification would have gone to her old address.. my colleague argues that she would have to appear in court first to be disqualified is this true?
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new rules have come in and she could well be on her way to being disqualified!

DVLA Notice

Section 99 Revocations
This is to inform you of changes to DVLA procedures when dealing with drivers who have failed to surrender their licences to the court or DVLA to have penalty points endorsed on their licence.

Revocation of driving...
10:56 Tue 07th Dec 2010
I haven't changed my address on m license since I've had it.
Did you give the police her cars registration number and inform them that she was driving without insurance.If you did it's hard to believe that they haven't stopped her.Iv'e no time for idiots like her,shop her again.
Did she actually tell you she has no insurance or MOT?

If her car is spotted with no tax it will be towed and crushed. I seen it happen to the bloke over the road and his tax was overdue by 2 months.
Question Author
yes gave the car reg, the new address where the car could be found and even the works address but nothing... could she be disqualified without knowing to add to the list?
yes she could, the court can disqualify her in her abscence!
How do you know she doesn't have insurance or MOT?

Who's name is the car registered in? In might not even be her name...
-- answer removed --
new rules have come in and she could well be on her way to being disqualified!

DVLA Notice

Section 99 Revocations
This is to inform you of changes to DVLA procedures when dealing with drivers who have failed to surrender their licences to the court or DVLA to have penalty points endorsed on their licence.

Revocation of driving licences
Drivers who receive penalties from the courts or the fixed penalty offices for offences that do not result in disqualification, are required to surrender their current valid driving licence for the endorsement to be added. Many drivers fail to surrender their driving licence to the courts or DVLA and in these circumstances the law provides that we can revoke the licence as a last resort.

Before revocation takes place the court will have made the driver aware, on at least one occasion, of the requirement to produce his/her licence for endorsement. Failure to produce the licence will result in the driver receiving a letter from DVLA requesting its return.

Current procedure
At the point DVLA revokes a licence our current interpretation is that the law allows a ‘concessionary period’ of 12 months during which the driver may continue to drive. If, at the end of the concessionary period, the driver has failed to surrender their licence their entitlement is revoked.

New procedure
Along with the Home Office, we have reviewed road traffic legislation and will no longer advise drivers that they have a 12 month concessionary period.
This means from 7 November 2010, where a driver fails to surrender his/her driving licence for endorsement to the court, DVLA will write to the driver requesting the return of the licence to the Agency. If the driver does not surrender his/her licence, then it will be revoked. DVLA will give drivers 28 days to comply before the revocation takes effect. This is indicated on the letter sent
Yes they are.

It seems very unlikely that she'd get away with for 3 years.
-- answer removed --
Question Author
yes she has told us she hasnt taxed it since 2007 because she couldnt safford the MOT and then she cancelled her insurance because she said it was a waste of money because it would be invalid with no tax or mot, the tax disc on display says 2007... unbelievable she hasnt been pulled isnt it really? yes the car is in her name i remember her buying it... i dont think all police cars have the automatic number recognition sensot thingys on them she always parks it on quiet side streets off the main beat and track!
In the present climate of ensuring that the motorist has virtually no room to wriggle out of paying for *anything*...........I think she may be 'bigging-up' her claims of lawlessness.
They are still patrolled by traffic wardens though. Also, members of the public inform them of untaxed cars.
How long has she had her car?
-- answer removed --
Question Author
pink lady, ummmmm.... i am telling you she has had the car since 2006 and hasnt taxed it insured it or MOT'd since 2007. and like i said we have phoned the dvla and the police and nothing has been done!... would i bother coming on to this website and concocting a story that wasnt true... even if she lied about the mot and isurance for cetain it is not taxed i am looking at ithe car now in the car park as i am typing the tax disc say jul 07... if she lied and indeed did have an mot and insurance why wouldnt she pay the £67 quid or whatever and get it taxed, doesnt make sense! weve reported it and probably other members of the public have too.... and in case they traced the reg back to her old address we even gave the new address at which the car could be found... thank you mccfluff for actually answreing my question!
is your name Ben?
I didn't say you were making it up. Just find it hard to believe that someone has got away with it for the last 3 years.

Like I said...I never officially changed my address with the DVLA. It's been updated through various forms I've had to fill in over the years.
I don't think anyone was accusing you, nadineb.
We were merely stating that you could be mistaken or misinformed.
It appears not, however, if you had given us the details provided in your final answer earlier on, you may have received a different response.
Question Author
ummmm... you first answer was that you havent changed the address on you licence since youve had it.. have you moved address? because if you have then you are too breaking the law..

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