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Original poster

Advice on what to do if you have a court summons for a driving offence

61 replies

lottieandmia · 13/02/2017 17:36

My friend is stressing about this and he wants me to find out what he should do. I assume he really ought to go to the citizens advice bureau but I said I would try to find out for him.

He apparently has the maximum amount of points on his license due to speeding and a subsequent ban and fine. He says he had a court summons 4 months ago and he didn't attend (goodness knows why). He is now panicking about what to do.

Does anyone know please?

OP posts:
fruitbats · 13/02/2017 20:59

But he would have had to surrender his license to have the points added. Confused and as stated by Shotgun, how did he receive the summons?

Cynara · 13/02/2017 21:14

If he doesn't know which court it is he needs to phone the DVLA, they will have details of points on his licence and any disqualification. And he really, really needs to not drive in the meantime. If he's been disqualified and is caught driving he'll be in serious trouble, and a court will not be sympathetic to him saying he didn't know. It's entirely his responsibility to know the status of his licence; he'll be charged with driving otherwise than in accordance with a licence and him "not knowing" will be no defence.

Original poster
lottieandmia · 13/02/2017 22:16

He knows from the DVLA that he mustn't drive because he has maximum points on his license. However, he doesn't know which courts have issued proceedings and has apparently not seen the paperwork. Clearly he shoukf have changed his address anyway.

OP posts:
OutToGetYou · 13/02/2017 22:57

So, hang on again, he already had max points on his licence and got another summons.......so this one was for driving while disqualified yes?

He's toast. Sorry.

Original poster
lottieandmia · 13/02/2017 23:13

He told me that he had a clean license before he got caught by a speed camera. He then found out that he had extra points added to his license because he hadn't attended the court hearing. Does this sound plausible? From what he said he stopped driving as soon as he had the ban.

OP posts:
ShotgunNotDoingThePans · 13/02/2017 23:14

I arill don't understand how he can know that he's had a court summons but hasn't seen tbe paperwork. Do you see the flaw here?

Original poster
lottieandmia · 13/02/2017 23:16

I have no idea. He knows the court summons was 4 months ago - how?

Today he texted me 'I've got this massive problem and I don't know how to make it go away'

OP posts:
ShotgunNotDoingThePans · 13/02/2017 23:47

Maybe ask him how?

Original poster
lottieandmia · 13/02/2017 23:53

I have - he doesn't seem to know Hmm

OP posts:
VivienneWestwoodsKnickers · 14/02/2017 06:32

Hang on, has he been banned or not? You can have the maximum points and still keep your licence.

Doesn't sound like he's been any more honest with you than the court.

NiceCuppaTeaAndASitDown · 14/02/2017 07:03

Tell him to start off by checking his driving licence status here:
www.gov.uk/view-driving-licence
It doesn't sound like he's sure if he should be driving, so that's the first thing to understand.

Then he should contact the local police for the address on his licence with the findings from above and say he hasn't had a letter about points and is conceded that he may have caused himself some problems by not changing his address. Ask them does he need to come in? What can he do?

Original poster
lottieandmia · 14/02/2017 08:07

I've told him to contact the citizens advice bureau. Problems like this just don't go away and he's been very foolish and will face the consequences. There isn't any point in me trying to help him if he's not been honest.

OP posts:
Original poster
lottieandmia · 14/02/2017 08:09

I assume he got the court summons because he didn't pay the speeding ticket?

OP posts:
Cynara · 14/02/2017 13:59

I think the fact that he says he doesn't know how to make it go away is very telling. It's not going to go away. He can't dodge this or minimise it, it's going to hang over his head until he addresses it like an adult and deals with whatever the consequences are of failing to obey the summons. Either that or move back to Italy.

unfortunateevents · 14/02/2017 14:31

I think he is lying about not receiving the court paperwork. How have the DVLA managed to contact him unless he updated his address with them when he moved? In which case, he would also have received the court papers. If he didn't update his address with the DVLA that's probably another fine - iirc, can be up to £1,000! He needs some proper advice but the most important thing which you need to impress upon him is that he must be HONEST with whoever is trying to help him. There is no point on putting on a little-boy-lost act and pretending not to have received paperwork.

specialsubject · 14/02/2017 14:34

Tell him to grow up and face the consequences. What an arse.

Doesnt sound like he will go to prison, hope not as I don't want to pay to feed and house him. If he has been driving uninsured or disqualified however I wish he would be imprisoned, might make him realise he isn't so special.

Original poster
lottieandmia · 14/02/2017 14:40

He told me he looked at his licence details online and saw the points. He knew he'd been caught by the speed camera. I think he's worriedhe won't be able to go back to Italy because they'll stop him leaving the country.

OP posts:
Original poster
lottieandmia · 14/02/2017 14:41

Instead of dealing with it he seems to be avoiding it. Which obviously won't help.

OP posts:
Camelopardtoes · 14/02/2017 14:43

Was he driving without a valid licence, or does he think the court would have added points to make him lose it? The court can't remove your licence if you aren't in attendance at court. It's unlikely he'd be inprosoned, just heavily fined and banned for a looooong time. Tell him to call the court office and find out what happened at the court date and go from there.

Original poster
lottieandmia · 14/02/2017 14:53

He thinks the court added points to make him lose it. I presume he may also end up with bailiffs coming round if the fine remains unpaid.

OP posts:
piginboots · 14/02/2017 14:55

Failing to attend court when summonsed is a criminal offence. A warrant has probably been issued for his arrest. Presumably his new address is unknown to the authorities but he could easily be stopped on the street or while driving, name checked and arrested. Or they could work out his new address. It will be "not backed for bail" so if he is arrested in evening he'll be kept in a police cell for court in the morning. If he is still driving his insurance may be invalid so his car may be seized.

He needs to call the court and then hand himself in. If he arrives at the court at 9.45 (most courts open at 10) he will have the best chance of having it dealt with asap and then getting our of there.

I doubt he'll go to prison tbh, but a night in the cells is a real possibility if he doesn't sort it out.

unfortunateevents · 14/02/2017 14:55

If he has no idea what court or where to start, he will have to call the DVLA and get the details from them.

unfortunateevents · 14/02/2017 14:56

Oh and of course that will unleash another s$%t storm if he hasn't updated his address.

Original poster
lottieandmia · 14/02/2017 14:59

I know he is definitely not driving. He says that the driving offence was in Manchester so a long way from where he lives and that's why he's not sure which court is dealing with it. Or would it just be dealt with by the court you live nearest to?

OP posts:
Camelopardtoes · 14/02/2017 15:03

His licence can't be suspended without his attendance. A warrant will have been issued to
Compel him to come to court. He should phone the court local to him or the police station

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