Incorrect conviction recorded by court

[ramram24]

Hi There,

I am hoping you can advise what can be done if the court records an incorrect conviction code?

I appeared in court two years ago where I was charged with Failure to Provide (In Charge) and received 10 penalty points and a fine of £73.00. I received a letter from my Solicitor saying that I was awarded the maximum penalty of ten points, stated this was a good result and advised against appeal. Whilst the letter does not state the conviction code, it does state that the conviction is an ‘In Charge’ offence and I was awarded the maximum 10 penalty points.

Following the court hearing I did receive a letter from the court saying I had received a conviction of Failure to provide – Vehicle Driver. I have also found that a DR30 was registered with the DVLA which carries a maximum of 11 penalty points.

My hearing was for a charge of Failure to Provide (In Charge) and I received what I thought would be 10 points on my licence for four years. However, the DR30 that has been registered stays on my licence for 11 years.

Interestingly, my paper counterpart licence has been endorsed with DR70 which is again another mistake.

It seems that the court themselves have put this down as a DR30 conviction - Failure to provide (Vehicle Driver) but this should be DR60 Failure to Provide (In Charge).

My Solicitor has checked their records and says it is definitely a DR60 / In Charge conviction but they also said they will not assist me with this unless I appoint them and pay privately. The original case was covered by Legal Aid.

Please can someone advise what steps I can take to resolve this issue? I want to have the error corrected so that my record reflects the outcome of the court hearing, however the Court have registered the wrong conviction and not the DVLA.

Attempts to contact the Magistrates court by telephone have so far been unsuccessful.

Any assistance will be greatly appreciated.

Many thanks,
James

 

[SeanJoyceStephensons]

Unfortunately trying to contact the Court by phone can be an exercise in futility sometimes. If this is something that you are looking to resolve on your own the first course of action is to write to the Court to set out the information you have provided in your post above. The Court should then contact you directly, either by post or telephone to confirm their position. Once you have this response you will have a much better idea of what you will need to do, if the Court acknowledge their mistake you can send a copy of this letter to the DVLA and ask them to update their records accordingly.