Banned from driving for not receiving a letter !!??

[Orange89]

Hello, quite a long winded situation so apologies in advance but I would be really grateful for advice from anyone who can help or has been in a similar situation...

In May 2017 my ex-partner went through a red light on a car in my name. I moved out of my my address in May around the same date the letter from the police was sent asking for drivers info so never received the letter and at the time was non the wiser about any offence! The following Dec I found out I had an £800 fine with no details of what this was for but after lot of digging I found out this was for failure to provide driver information and that I had also received 6 points. My ex partner realised it was him (I could prove I was at work and not in posetion of the car that day) and was happy to take the points so I went to court March 2018 to defend myself against the red light and not receiving the letter as had moved (I had also proof that I had made provisions for my mail to be forwarded and that I was at work the day of the defence). So anyway, I was acquitted for the red light in court but slapped with another fine and 6 points for refusing to give information (even though I was there to explain it wasn’t me and I knew who it was!!). The whole mess was caused by not updating my log book (I had a number of traumatic events in 2017 and this was completely was the last thing on my mind!!) so after court i made sure I updated this straight away!

More recently I have received another fine and again after digging found out it’s for failure to provide drivers info.. I assumed it was for the same incident but it turns out in Feb 2018 (a month before I was in court) there was another offence for speeding. Now I can honestly say I don’t think this was me as my ex was still using the car but I’m having a hard time proving it. But regardless , the points are for failure to provide info however the letters have all gone to my old address as the second offence was before I updated my log book.

I’m due in court on the 18th feb and need advice ..

My question is... will I be peanalised twice for not updating my address within that time I had moved out even though I’ve been in court and already essentially received 6 points for this before for another offence (which may I add wasn’t me).

Also... how do I plead if I really don’t know and can’t prove who the driver was!?

I appreciate this is long winded so if I get a reply I’ll be surprised but I really need help and being banned from driving is causing me a lot of stress, I have a young baby and rely on having my car!!

Thank you

Yes I thought that, last time it just went straight to trial after I pleaded not guilty. They vaguely touched on it but only the fact that I wasn’t living at the address and had updated my log book after the last trial date.

Yes it seems mad to me too, and all this cost and time doing trials for dare I say it, “an admin error”.

Expensive lesson learned either way. Just hope I get a good outcome when it goes to trial. I hate waiting though and if it’s going to be bad news I’d rather just know so I can deal with it.

And yes sorry, I think he is willing to say it was him as he knows he caused the first instance (red light) and we’ve narrowed it down that the speeding must have been him too. The letters went to my old address but have continued to go there long after I updated my log book (but this was a few weeks after the second offence which was unknown to me at the time). Essentially my ex has possibly lost me my license as it wouldn’t have been bought up had the original offences bot been made and I think he realises this. Ironic that he has been the bad driver yet has a clean license and I’m the one who received the ban!

Anyone legal about? I am worried now - I moved house last year and immediately updated my drivers licence to my new address but I knew nothing whatsoever of needing to update the log book for the car. It seems foolish but it never occurred to me.

Obviously I'll look into doing it straight away but will there be any trouble or fines or anything because I didn't do it straight away? If I'd been in the same situation as the OP (eg speeding ticket) would they have been able to locate me from my updated driving licence? (which has the correct address) even though I haven't updated my log book for the actual car? I admit I am panicking a bit now because the log book hasn't been updated (although I don't think I have got any speeding tickets or anything as I don't tend to speed but in case I had without knowing)

OP - sorry for hijack and hope all works out ok for you.

@Bowsbows updating your driving licence doesn't help legal matters as if your car reg is reported or recorded committing a road traffic offence any letters and enquires will go to the address your car is registered at.

Just update your V5 document now. It asks for date of move. If you are a careful driver it's unlikely you'll have any consequences to bear.

CallMeRachel Thanks for that. I have had the post redirected and plus I am friendly with the new people who moved in so they pass on any extra bits of mail that have escaped the redirection (usually junk) plus I don't really speed or travel much in my car so chances are I haven't actually missed anything legally speaking and fingers crossed, BUT I thought the DVLA located you/could locate you from the drivers licence (updated). I literally had no clue about the address on the log book until I read this thread.

Digging out the log book pronto!

Bowsbows i’ve never seen anyone in court for failing to update the log book alone. Yes you need to do to and just do it asap. If you had your mail redirected it’s very unlikely you’d be in a situation where you didn’t get the mail so I really wouldn’t worry. Just get it right from now on.

Orange89, sounds to me like the prosecution is going to ‘review the evidence’ and make a decision about whether to proceed or not given the information they now have about you changing your address. Could be in your favour 🤞

@Bowsbows - yes driving license means nothing - I had actually updated my license a few months after moving as was unaware of the consequences of the log book (I blame it on a bad time in my life but also a bit of naivety being my first car etc!).

@justanotherJP - yes hopefully! I hope they can see I’ve learned my lesson and let me off the hook. I will hope and pray! 🤞

Failure to provide is an absolute punishment.

I'm sorry, but The whole mess was caused by not updating my log book is no defence.

Hi CallMeRachel. I have found the log book (named form V5C) and can see section 6 where I need to fill in my new address but it doesn't ask for date of move. The DVLA instructions say if it's just new address you are changing then fill in new address, not name as well (section 6 doubles up as new keeper or new name/address details) or anything else. It says for new address just fill in new address.

Obvs I will do that and post it recorded to DVLA today but was concerned as can't see where form asks for date of move I suppose that's a good thing as it was a while ago!

Thank you justanotherJP and Orange.

@Steeve

Yes I’m fully aware of this now as per previous posts. There were mitigating factors and it’s just a real shame I have been ‘caught out’ twice within that time frame. Anyway like I said, expensive lesson learned and IF they decide to let me off the second failure to disclose then it will be a bonus as I’ve resigned myself to the sad fact it’s most likely not going to happen.