Lack of formal notification by the DVLA of the date of revocation of a "new driver" driving licence was sufficient to establish special reasons not to impose penalty points.

Our client, who was a "new driver" had incurred six penalty points in his two year probation period and was advised by the court that his licence was likely to be revoked by the DVLA. This was correct advice but it took the DVLA nearly three months to action the revocation and notify our client who was was stopped on the day after the revocation and a day before he received notification. As his insurance was invalidated at the moment of revocation, he pleaded guilty to driving without insurance and we advanced special reasons not to impose points or disqualify him, on the grounds that he did not know and could not have known that his licence had been revoked the day before. The magistrates agreed with this assessment and did not impose any penalty.

As it was, our client retook and passed his driving test very soon after the revocation, and spent very little time off the road. He was, of course, advised that in spite of the successful  outcome, the original 6 points will remain on his licence for the full three years.

Ben Lansbury

July 2022