'Conviction dated21 March 2024 for failure to give information as to identity of driver etc (MS90) on15 January 2024 resulting in 6 Penalty points and£600 fine'
'I had no way of seeing or responding to the letters during the period and the officers are aware of this hence why I’ve spoken with the courts and officers and they will be sending me a hearing to complete a statutory declaration to provide proof (which I have) and they will remove the points. Hopefully this clears up any miss understanding. I will continue to update you with when I receive information about the hearing ect.'
'After speaking with the court on the phone I’ve requested them to speed up the process as much as possible as I’ve to inform dvsa of the situation before the end of the month however they have told me that there is nothing more I can do but to wait for a court hearing which I am now still waiting for where they also advised that the 6 points should be removed from your licence after the hearing.'
'I emailed DVSA to make them aware of this and the circumstances surrounding what had happened and about the court hearing that I am waiting for (Attached Annex 3 – Emails to DVSA)'
'I am now waiting a court hearing date. (Attachment Annex 13 – Court Payment for hearing) I have been in regular contact with the court by calling them. I informed them of the situation they advised to wait for a court hearing in Reading, but no timeframe or date provided yet.'
'I apologise for the late reply I have just seen my emails now regarding the hearing date set for 20th August. I have been dealing with the deal of a relative in my immediate family and have thus not been able to reach my emails properly so I apologise in advance for the delays. As per my previous email, I would like to take this time to request to the tribunal that the hearing be delayed until my appeal date be set with the magistrates court, at this point they have emailed me that they are reviewing the appeal and will let me know when a date is set. This should be done without 6 weeks, it is very closely approaching 6 weeks so I am hopeful a response will be soon.'
‘The endorsement arose from a failure to respond to give information as to the identity of a driver due to personal circumstances, including a change of his address and his inability to access mail at his parents’ address. They were abroad and no-one was checking the mail. He is waiting for a date for a court hearing. He has been in contact with the court on a regular basis. He is confident of success before the court on appeal. He has been a driving instructor for two years, with a high pass rate (85%-87%) and a strong commitment to road safety and professional standards. He has no prior motoring or criminal convictions. He explained the timeline of events leading to the penalty, emphasising his lack of involvement in the offence and his efforts to resolve the matter. He has implemented measures to prevent similar issues in the future. He highlighted the financial and emotional consequences of losing his ADI registration, including potential homelessness and reliance on state benefits. He provides financial support to his father. He stresses his passion for driving instruction and his role in supporting the community. He provided supporting documents, including references from students, trainer recommendations, and examples of similar cases where instructors remained on the Register despite motoring offences. He argued that the decision should consider his individual circumstances, professionalism, and character rather than applying a blanket rule. He requests a humane approach and stresses his commitment to continued professional development and high standards. He requested the tribunal to consider his case on its merits and provide a fair decision.’
'Conviction dated21 March 2024 for failure to give information as to identity of driver etc (MS90) on15 January 2024 resulting in 6 Penalty points and£600 fine'
‘15. There has been debate, in Tribunal hearings and decisions, as to the position when 6 penalty points have been incurred. The accumulation of that number of penalty points is regarded as a “tipping point”. That is, the accumulation of 6 penalty points will not automatically lead to the conclusion that an ADI should not be, or should be, removed from the Register. The position is set out clearly in and reiterated and approved in Appeal 2003/191 K Bates and others, and reiterated and approved in Appeal 2005/95 M Wild: “… A total of 6 points from speeding offences should not by itself lead to an automatic finding that a person is not fit and proper to be a driving instructor.… Each case must be viewed separately.” The Tribunal considers this dictum may validly be applied also to other motoring offences such as the offence in this instant case. 16. Accordingly, cases such as this very much depend on their individual merits, and “demerits”, and the particular circumstances of the individual cases fall to be carefully scrutinised, as this Tribunal has done in this case.’