The DVLA offered an 11 month extension on driving licences during the pandemic. Due to an error on the DVLA’s part, our client was summonsed to Court for failure to provide driver information, despite responding to the initial Notice of Intended Prosecution in the correct manner.
We have anonymised our client’s details and some of the specifics, but we encourage any others who have found themselves in a similar situation to reach out and see how we can help.
The Alleged Incident
The initial reason for the Notice of Intended Prosecution was because our client was alleged to be driving at 48mph in a 40mph zone. This would ordinarily be dealt with by way of a speed awareness course, and they were eligible to do so.
The Procedure
Upon receipt of the Notice of Intended Prosecution (NIP), the client nominated themselves as the driver and retained proof of posting to show that the NIP was posted to the Central Ticket Office. They had indicated that they would welcome the opportunity of completing a speed awareness course.
A few weeks later, the Central Ticket Office wrote to our client suggesting that they had failed to respond enclosing a further Section 172 Notice for failure to provide driver information. The client responded by email the following week, advising that they had already nominated themselves as the driver of the vehicle and had requested to attend a training course.
A Closer Look
When our team had a closer look at the client’s driving record on the DVLA website, it showed that their licence ought to have expired in late 2020.
It is important to remember that due to COVID-19, the DVLA granted an extension for driving licences that expired between 1st February and 31st December 2020.
This was an 11-month extension for all drivers, which means that our client’s driving licence would still have been valid under this rule.
Receiving a Single Justice Procedure Notice
After the aforementioned correspondence, our client heard no more and waited patiently for confirmation that they could attend the Speed Awareness Course.
Instead, they received a Single Justice Procedure Notice. Being taken to Court immediately makes the offence more serious.
Upon reminding the Central Ticket Office (CTO) of the extension to all driving licences, we requested for the option for our client to take the Speed Awareness Course as originally intended, to be resurrected. The CTO agreed with the unfortunate circumstances and sympathised with the situation our client has been put in through no fault of their own.
The CTO agreed that it would have no objection to our client being dealt with as though they had received a Fixed Penalty Notice, equating to a £100 fine and 3 points on the licence.
It is then the Court’s decision as to how the hearing plays out.
Ensure your Photocard Driving Licence is updated
For all those whose driving licence expired on or after 1st January this year, the extension does not apply. You will need to update your licence as normal.
Failure to renew your licence could result in a £1,000 fine.
Section 4b on your photocard driving licence will tell you when your licence is or was due to expire. Remember, of course, that if you were eligible for the 11-month extension, you will be able to add 11 months onto the expiry date on the card.
A reminder; the extension was for licences expiring between 1st February and 31st December 2020.
Are you in a similar situation?
If you find yourself in a similar situation to our client, in that either the CTO claims they have not received your identification, or you have been told your licence is expired when really it is valid under the rule of extension, talk to us.
Our road traffic offences specialists will do all they can to support you towards a fair outcome for any allegations made against you in relation to speeding or your driving licence.
Give us a call on 0161 969 3131 or fill in our confidential contact form and the team will be in touch.