I agree with Ted Crilly. Proper legal advice, for which he'll probably need to pay, is required. Still too many gaps risking being filled by assumption to give meaningful advice here.
That said the basic facts add up.
1. Allegation of offence in Kent. Notice under S172 of Road Traffic Act 1988 sent to Keeper requiring driver to be named. Failure to comply = fine and six points;
2. No response from Keeper so from perspective of Police/Court he has not complied with S172. He is convicted in his absence and six points given;
3. Court instructs Driver/Keeper to send in his licence for points to be added. He fails to do so despite reminders etc;
4. DVLA then revoke his licence.
Revocation is not the same as disqualification. It is an administrative measure to make it illegal to drive until the licence has been returned and points added. As I read it licence has been reinstated but subject still faces proceedings for failure to get points added.
Court papers are sent by 1st class post and are deemed to be received unless proved otherwise. Provided addresses are correct this is fair and proportionate - the number of correctly addressed letters going astray as a proportion of number posted is infinitesimally small.
Relevant questions seem to be:
- Is OP's friend registered keeper of vehicle in Kent incident and if so is address correctly recorded at DVLA?;
- Is OP's friend's licence address current and correct?
I've seen a similar scenario, albeit involving a civil penalty for going in a London bus lane. Driver was a 'self employed' courier who hired his van from the well known delivery company who's livery it wore. Infringement was detected by camera and notice sent to company. As required they named the driver and charged him £40 for their time doing so. He ignores subsequent correspondence claiming he thought £40 was actual fine. Eventually he has bailiffs after him.....
Is there something in OP's case that rationally explains why he didn't receive correspondence to him as keeper and/or driver?
Edited by Bromptonaut on 13/11/2017 at 09:21
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