Arrested & Charged with having no licence while the court have my licence for parking offence

[sailor sam]

Get your friend to check his insurance policy for the exact wording about a licence, the usual wording is something like 'holds , or has held and is not disqualified from holding a licence'. Disqualified from holding is not the same as having a licence revoked - he had held one and was not disqualified from holding one.

 

Good idea Ray, it may give him a defence on having more points which would no doubt lead to a ban. I doubt it will give him grouinds to appeal the impond charges though.

[Aretnap]

The impound charge is the least of his worries right now.

[crem]

if you record any converstation with the DVLA (or anyone else for that matter), you would need to inform the court of the existance of this evidence. The only problem with that is that I think that if you record a telephone conversation, all parties must be made aware that they are being recorded under data protection. Otherwise I'm not sure that it can be used in evidence although I am happy to be proved wrong.

 

If the recording is for your own use, for example, for you to make a verbatem written note to take to court or similar, then you do not need to inform the 3rd party you are recording. Also, if you make the court aware you have the recording they may wish to hear it (and can do so) irrelavent of whether you told the 3rd party at the time.

 

The rules are different for companies when they ring a private citizen they must inform them the call is recorded, that is why the company usually have that message at the start saying "calls may be recorded for stafff training purposes..." or similar.

[green_and_mean]

If the recording is for your own use, for example, for you to make a verbatem written note to take to court or similar, then you do not need to inform the 3rd party you are recording. Also, if you make the court aware you have the recording they may wish to hear it (and can do so) irrelavent of whether you told the 3rd party at the time.

 

The rules are different for companies when they ring a private citizen they must inform them the call is recorded, that is why the company usually have that message at the start saying "calls may be recorded for stafff training purposes..." or similar.

 

Recordings made by individuals have little or no credibility in Court because a) there is no way of confirming who you have recorded b) there is no proof of when it was recorded c) it can be edited

[Rob S]

If his licence has been revoked by DVLA because he has not returned it for the previous endorsements to be added then he should have received notification from DVLA that they wanted to revoke it. He could still drive for up to a year once he has received this notification. AFter that it his licence would show up as an expired full licence on the system and he would be regarded as not having a licence.

 

If he was a new driver who had accumulated 6 points within 2 years of passing his first driving test then he would have had to apply for a new provisional licence and his details on the system would show up as revoked until test passed.

[sailor sam]

If his licence has been revoked by DVLA because he has not returned it for the previous endorsements to be added then he should have received notification from DVLA that they wanted to revoke it. He could still drive for up to a year once he has received this notification. AFter that it his licence would show up as an expired full licence on the system and he would be regarded as not having a licence.

 

If he was a new driver who had accumulated 6 points within 2 years of passing his first driving test then he would have had to apply for a new provisional licence and his details on the system would show up as revoked until test passed.

 

This is no longer the case. From 7th November 2010 the licence is automatically revoked on the 29th day following the conviction if it hasn't been surrendered. The DVLA is supposed to send out prior notification of this (but obviously to the address on the licence).

[Aretnap]

The law didn't actually change in November 2010, what changed was the government's interpretation of it. Whether that interpretation is correct is open to debate, but so far nobody seems to have challenged it in the higher courts. Some discussion here, which also includes some arguments about whether the offence is endorsable,.

[Rob S]

This is no longer the case. From 7th November 2010 the licence is automatically revoked on the 29th day following the conviction if it hasn't been surrendered. The DVLA is supposed to send out prior notification of this (but obviously to the address on the licence).

 

Was this as a result of a change in legislation?