6 point and a fine ... but no idea!

[carl19692]

Hi

Im Carls wife pinching his log on. So we had heard about the new DVLA check your licence online thing.. ooh that sounds like fun we think lets try it.. so I input all my details and imagine my shock when Im clicking thru and it says

MS90 FAILURE TO PROVIDE DRIVERS DETAILS £660 fine, 6 POINTS 5th Sept 2016

WHAT?! well I havent been stopped so can only at best guess assume it was a mobile speed camera...but we have never received notice of anything - no NIP no reminder no summons

My car is a mobility car so I dont have the log book or anything, but my details on my driving license are current and up to date so am pretty easily traceable and we have been at this address over 2 years. Motability were informed but didnt change our address on their system but my driving license has all been up to date so easy for DVLA to search their own records to find me.

Who do I need to contact to find out when, and how and who... cos I was having cancer treatment at the time so its highly likely it was Carl driving anyway. We dont know who to contact or where it took place, altho with the treatment I was having at the time it is very likely to be somewhere between York and Leeds Hospital.

Are we likely to be able to argue we weren't contacted at my registered address so can reduce it down to the standard speeding points - if they are true then we have no issue accepting them.. but not 6, not on my license if i wasnt driving and not with a £660 fine!!

[wales01man]

Re: 6 point and a fine ... but no idea!

Contact motability to find out if they a record of this they must have although I think motability cares a registerd to the recipient as keepr

[charitynjw]

Re: 6 point and a fine ... but no idea!

If you are a Motability Scheme customer, your V5c vehicle registration certificate or 'log book' is held by us so that we can tax your car automatically.

https://www.motability.co.uk/informa...st-copy-of-v5c

An MS90 is for failing to provide details.
Do you have proof that you advised Motobility of your change of address?

[Milo]

Re: 6 point and a fine ... but no idea!

Hi

Im Carls wife pinching his log on. So we had heard about the new DVLA check your licence online thing.. ooh that sounds like fun we think lets try it.. so I input all my details and imagine my shock when Im clicking thru and it says

MS90 FAILURE TO PROVIDE DRIVERS DETAILS £660 fine, 6 POINTS 5th Sept 2016

WHAT?! well I havent been stopped so can only at best guess assume it was a mobile speed camera...but we have never received notice of anything - no NIP no reminder no summons

My car is a mobility car so I dont have the log book or anything, but my details on my driving license are current and up to date so am pretty easily traceable and we have been at this address over 2 years. Motability were informed but didnt change our address on their system but my driving license has all been up to date so easy for DVLA to search their own records to find me.

Who do I need to contact to find out when, and how and who... cos I was having cancer treatment at the time so its highly likely it was Carl driving anyway. We dont know who to contact or where it took place, altho with the treatment I was having at the time it is very likely to be somewhere between York and Leeds Hospital.

Are we likely to be able to argue we weren't contacted at my registered address so can reduce it down to the standard speeding points - if they are true then we have no issue accepting them.. but not 6, not on my license if i wasnt driving and not with a £660 fine!!

I apologise in advance if my reply worries you but hopefully, it will guide you on how to resolve this problem.

Given that the fine was issued in September, I personally think that it is more than likely that the Fines Officer has already authorised a warrant and passed the case to a firm of bailiffs to enforce. Accordingly, you need to deal with this matter very quickly. Fortunately, they do not have your proper address.

There is something else as well. Whenever a court conviction includes penalty points (in your case; 6 points), notification will be sent to DVLA and they will write to you....at the address held on their records (presumably Motability address)....to request the return of your driving licence so that it can be amended electronically. If the licence is not returned within 30 days....DVLA will then suspend (not revoke) the driving licence. This has a serious effect on your insurance (amongst other things).

The MS90 would be for failing to provide details of the person driving your vehicle when it was detected by a mobile speed camera. As such, the relevant police authority would rely upon the VRM (vehicle registration mark) and will then approach DVLA for keeper identity. I would assume that this would show Motability Finance. Documentation would then reach MF and they in turn, should have forwarded the summons etc to you. It would seem from what you have said that they failed to update your address.

Changing the address on your driving licence does not I'm afraid have the effect of changing vehicle keeper details.

The only way to resolve this problem is to contact the Magistrates Court and apply for a Statutory Declaration. What what you have written, your chances of having the SD accepted are very high.

When checking your online driving licence, it should tell you which court convicted you of this offence. If you can post back with details that would greatly assist.

[carl19692]

Re: 6 point and a fine ... but no idea!

When checking your online driving licence, it should tell you which court convicted you of this offence. If you can post back with details that would greatly assist.

The code was 2105 which is Boston/Lincs/Grantham which would also put into doubt the date on the DVLA site as date of offence.

[carl19692]

Re: 6 point and a fine ... but no idea!

When checking your online driving licence, it should tell you which court convicted you of this offence. If you can post back with details that would greatly assist.

The code was 2105 which is Boston/Lincs/Grantham which would also put into doubt the date on the DVLA site as date of offence.

[Milo]

Re: 6 point and a fine ... but no idea!

Both Grantham and Boston Magistrates Courts share the same Fine enquiries number. Please post back once you have called them:

01522 582803

[carl19692]

Re: 6 point and a fine ... but no idea!

Would it not have been moved to York where we are or do they do it distance?

[mystery1]

Re: 6 point and a fine ... but no idea!

It's usually the court closest to where the underlying offence took place.

A statutory declaration needs done quick so make the enquires to find out who what why etc ASAP.

M1

[Milo]

Re: 6 point and a fine ... but no idea!

Would it not have been moved to York where we are or do they do it distance?

To make enquiries about the fine you need to ring the 'issuing' court (Boston /Grantham). For the statutory declaration hearing, you will need to ring the Magistrates Court closest to you.

[charitynjw]

Re: 6 point and a fine ... but no idea!

@mystery1 & @Milo

A short while ago I was clocked speeding via a speed camera whilst driving a hire vehicle.
The NIP was sent to the hire company (the registered keeper), & they sent details to the police. (14 day rule?)
The police then contacted me.
I would hazard a guess that a similar 'chain' is applicable with Motability.

[wales01man]

Re: 6 point and a fine ... but no idea!

There must have been more than one letter sent out after the offence strange the all did not go to the correct address that Motability had at time of the offence

[Milo]

Re: 6 point and a fine ... but no idea!

Because of the insurance risk, this fine must be dealt with as quickly as possible.

The following from Motability may be useful (worrying as well):

https://www.motability.rsagroup.co.uk/faq.html

[mystery1]

Re: 6 point and a fine ... but no idea!

@mystery1 & @Milo

A short while ago I was clocked speeding via a speed camera whilst driving a hire vehicle.
The NIP was sent to the hire company (the registered keeper), & they sent details to the police. (14 day rule?)
The police then contacted me.
I would hazard a guess that a similar 'chain' is applicable with Motability.

It is only the 1st NIP that counts.


http://www.legislation.gov.uk/ukpga/1988/53/contents


1 Requirement of warning etc. of prosecutions for certain offences.


(1)Subject to section 2 of this Act, [F1a person shall not be convicted of an offence to which this section applies unless]—


(a)he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or


(b)within fourteen days of the commission of the offence a summons (or, in Scotland, a complaint) for the offence was served on him, or


(c)within fourteen days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was—


(i)in the case of an offence under section 28 or 29 of the M1Road Traffic Act 1988 (cycling offences), served on him,


(ii)in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.


[F2(1A)A notice required by this section to be served on any person may be served on that person—


(a)by delivering it to him;


(b)by addressing it to him and leaving it at his last known address; or


(c)by sending it by registered post, recorded delivery service or first class post addressed to him at his last known address.]


(2)A notice shall be deemed for the purposes of subsection (1)(c) above to have been served on a person if it was sent by registered post or recorded delivery service addressed to him at his last known address, notwithstanding that the notice was returned as undelivered or was for any other reason not received by him.


(3)The requirement of subsection (1) above shall in every case be deemed to have been complied with unless and until the contrary is proved.


(4)Schedule 1 to this Act shows the offences to which this section applies.



2 Requirement of warning etc: supplementary.


(1)The requirement of section 1(1) of this Act does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.


(2)The requirement of section 1(1) of this Act does not apply in relation to an offence in respect of which—


(a)a fixed penalty notice (within the meaning of Part III of this Act) has been given or fixed under any provision of that Part, or


(b)a notice has been given under section 54(4) of this Act.


(3)Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—


(a)that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement, or


(b)that the accused by his own conduct contributed to the failure.

M1

[Milo]

Re: 6 point and a fine ... but no idea!

Any news?