Statutory Declaration: Driving Ban Removed

Mr Tucker moved homes, and after living at his new home for several months he was contacted by his estate agent asking him to collect his post from his previous address. He checked his post and noticed there was a letter from the Magistrates’ Court informing him that he had been banned from driving for 6 months, this was a Penalty Points Driving Ban (Totting-Up Ban).

A 6-month driving ban would have a devastating impact upon his job, given that he was the national sales director of an international company.

Mr Tucker already had 6 active penalty points on his driving licence and when he moved homes he had overlooked that he needed to inform the DVLA of his new address and that he needed to update his details as the registered keeper on the V5 logbook of his vehicle.

Shortly before moving into his new home, his vehicle was caught speeding at 86mph on a motorway, an offence which attracts 3 penalty points. However, Mr Tucker did not identify himself as the driver, because he was living at his new address and did not check the post at his old property. As the Police did not receive a response from the Registered Keeper (Mr Tucker) identifying himself as the driver, he was prosecuted and convicted of Failing to Provide Driver Details, and offence which attracts 6 penalty points.

The 6 penalty points in addition to the existing 6 points on his licence resulted in Mr Tucker being convicted and sentenced in his absence, totalling 12 penalty points and a 6-month driving disqualification.