Wrong offence recorded on licence

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The Spin Doctor
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Wrong offence recorded on licence

Post by The Spin Doctor »

I had a weird enquiry this morning from a would-be bike trainer who has to prove to the DVSA he is a fit-and-proper person - it's in question because he had a 3 pointer on his licence from April this year.

As far as I can glean, he was being a silly bugger and pulling a wheelie on a group ride but hadn't realised an unmarked police bike had tagged along, so he got pulled. He thought he was being reported for a DD40 dangerous driving and three points, and that's what he declared to the DVSA.

But... and this is the real puzzle... the DVSA says the offence actually recorded on his licence is an LC20 (driving otherwise than in accordance with a licence).

He obviously didn't think to the paperwork or check the licence when it came back. I think he's now checked his licence to make sure the DVSA haven't made a mistake and that the licence really does show an LC20.

Anyway... I'm guessing he's doing to struggle to show he's a fit/proper person anyway whether it's a DD or the licence offence in question, anyone know any better? Can the offence be corrected if he didn't spot it straight away?
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Bigyin
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Re: Wrong offence recorded on licence

Post by Bigyin »

Wouldn’t an LC20 code which is on his license instead of the DD40 be more “fit and proper” as it’s a much lesser offence and also drops off the records faster.

A dangerous driving conviction is a trial at mag/crown court job and a mandatory 12 month ban rather than a fixed penalty postal offence. As far as I recall the “otherwise in accordance” is a summary offence whereas the dangerous driving is indictable
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Re: Wrong offence recorded on licence

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Bigyin wrote: Sat Nov 12, 2022 1:47 pm Wouldn’t an LC20 code which is on his license instead of the DD40 be more “fit and proper” as it’s a much lesser offence and also drops off the records faster.

A dangerous driving conviction is a trial at mag/crown court job and a mandatory 12 month ban rather than a fixed penalty postal offence. As far as I recall the “otherwise in accordance” is a summary offence whereas the dangerous driving is indictable
Thanks... that clarifies things, as he did say the copper was sympathetic to his 'bang to rights' attitude.

He's being invited to make a representation to the DVSA to explain why he shouldn't be refused a training ticket.

I'm not sure what a defence might be - I've suggested he get himself booked on a BikeSafe next weekend - at least he'll have a report from a PC Plod to say that he rode sensibly. But it does leave me wondering about what the bike he was riding might have been - he didn't say anything about being on a bike he didn't have a licence for, which is presumably what the LC20 would be indicating. I'm not sure how he'd explain that!
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Re: Wrong offence recorded on licence

Post by Skub »

Surely a decent wheelie ought to be practical proof of actual riding competence? :1
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Bigyin
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Re: Wrong offence recorded on licence

Post by Bigyin »

The Spin Doctor wrote: Sat Nov 12, 2022 2:36 pm

Thanks... that clarifies things, as he did say the copper was sympathetic to his 'bang to rights' attitude.

He's being invited to make a representation to the DVSA to explain why he shouldn't be refused a training ticket.

I'm not sure what a defence might be - I've suggested he get himself booked on a BikeSafe next weekend - at least he'll have a report from a PC Plod to say that he rode sensibly. But it does leave me wondering about what the bike he was riding might have been - he didn't say anything about being on a bike he didn't have a licence for, which is presumably what the LC20 would be indicating. I'm not sure how he'd explain that!
It’s not unknown for a copper to write the wrong offence code on a traffic report form which might have been the case as a DD40 is a guaranteed summons to court instead of a “send in your license for points”

I got a speeding Offence Report a couple of years ago and on it the time was wrong by an hour, the offence location was named as the wrong street, it had been marked as a dual carriageway when in fact it was a 2 lane each way single carriageway with no divider and also marked as no street lights when there clearly was ……. If I had been looking at points or a summons I would have contested it and probably won. As it was dealt with by way of speed awareness course I took it as it had no effect on insurance or my DVSA credentials
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Re: Wrong offence recorded on licence

Post by The Spin Doctor »

Bigyin wrote: Sat Nov 12, 2022 6:20 pm
The Spin Doctor wrote: Sat Nov 12, 2022 2:36 pm

Thanks... that clarifies things, as he did say the copper was sympathetic to his 'bang to rights' attitude.

He's being invited to make a representation to the DVSA to explain why he shouldn't be refused a training ticket.

I'm not sure what a defence might be - I've suggested he get himself booked on a BikeSafe next weekend - at least he'll have a report from a PC Plod to say that he rode sensibly. But it does leave me wondering about what the bike he was riding might have been - he didn't say anything about being on a bike he didn't have a licence for, which is presumably what the LC20 would be indicating. I'm not sure how he'd explain that!
It’s not unknown for a copper to write the wrong offence code on a traffic report form which might have been the case as a DD40 is a guaranteed summons to court instead of a “send in your license for points”

I got a speeding Offence Report a couple of years ago and on it the time was wrong by an hour, the offence location was named as the wrong street, it had been marked as a dual carriageway when in fact it was a 2 lane each way single carriageway with no divider and also marked as no street lights when there clearly was ……. If I had been looking at points or a summons I would have contested it and probably won. As it was dealt with by way of speed awareness course I took it as it had no effect on insurance or my DVSA credentials
From what he said, that may well be what happened.
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