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HalfBakedHenry

Joined:

Mar 11

Posts: 8

Convicted and fined whilst on RTW ride

Can anybody help?!?!?

I am in the middle of riding a classic bike to Australia, a trip I  sold everything I own to make happen.  I  recently got an email from my dad saying that the DVLA were demanding my license back and a 500 quid fine, which came as quite a shock.  I couldn't find out ANYTHING about what I had done.  I ordered a replacement license which was sent to my fathers house with  6 points on it, apparently in March 2013 I was convicted by Oxfordshire Crown Court of 'Failure to Identify the Driver' (MS09).  I  have been  out of the country since early October 2012 and knew nothing about any offence being committed by myself.  I emailed the court and a District Judge granted appeal out of time, but this hasn't stopped bailiffs being instructed to 'levy distress and recover goods' from my retired father, nothing in his  house belongs to me so this seems unfair to say the least.  The magistrates court is set to give me a date for the appeal, when I will have to prematurely end my trip, ship my bike home and fly back so I can attend court - this will cost me thousands of pounds as well as destroying my 'trip of a lifetime'.  I'm a pretty honest guy and am  feeling royally shafted by this whole affair - is there anything I can do other than give up on  my dreams, bend  over and 'think of England'?? 

Yours in distress,

Henry

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  • Posted 2 years ago (22 April 2013 03:10)

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smidget

Joined:

Nov 07

Posts: 2404

smidget says:

Henry

Contact  a lawyer, I would suggest www.bikelawyer who is this sites legal eagle and ask what you can do and where do you stand.

I would think that as you were out of the country at the time of the offence then it is unreasonable of the DVLA to expect you to read mail which they have not sent to your present whereabouts.

This would depend on whether you gave permission for your father to open your mail and if you did how quickly he was able to contact you with regard to the contents of the letter.

Contact www.bikelawyer and get a professionals opinion.

Good Luck.  

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MarcusMarsh

Joined:

Aug 09

Posts: 2693

MarcusMarsh says:

Conviction

Firstly, the Bailiffs cannot remove any of your father's property - he is not responsible for your debt.  Bailiffs must ensure that they establish title (ie ownership) of any goods removed belongs to you.  If you own nothing there then they cannot take anything.  Basically, tell your father to inform the bailiff that you are not resident there, that you have no property there and to bugger off.  He does not have to entertain them any further and I suggest that he calls the Police if they persist. 

With respect to the court appearance I would suggest that you take legal advice on that.  Why not put in a call or email to Biklawyer as suggested by smidget.  There may be a way of dealing with this in your absence.    

[This Reply has been modified by the Author]

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HalfBakedHenry

Joined:

Mar 11

Posts: 8

date set!

Thanks for the advice guys - they have set the appeal date for late October which means for now I can go back to worrying about when my ancient motor is going to fail next or what welding needs doing.....  I still don't know what the original offence was, I am guessing it was speeding to the Metisse factory on my bandit but will find out when I  'have my day in court'

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HalfBakedHenry

Joined:

Mar 11

Posts: 8

date set!

Thanks for the advice guys - they have set the appeal date for late October which means for now I can go back to worrying about when my ancient motor is going to fail next or what welding needs doing.....  I still don't know what the original offence was, I am guessing it was speeding to the Metisse factory on my bandit but will find out when I  'have my day in court'

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smidget

Joined:

Nov 07

Posts: 2404

smidget says:

.

bump

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arryace

Joined:

Apr 10

Posts: 198

arryace says:

nothing belongs to you?

why does nothing at your fathers house belong to you?

do you live with your father?
is the address on your licence the address where you normally live?

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