ChatterBank3 mins ago
Driving Offences
I've been summons to appear in court charged with withholding information about the identity of the person driving my vehicle and any offence related to breaching schedule 2 of the road traffic offenders act 1988.
Having been in front of magistrates and signed a declaration to say that I had to knowledge of the proceeding against me I now have to face these charges and I am very concerned.
In my defence I wasn't driving the car and I can prove it as I drive a company car and was in a meeting 50 miles away from where the offence took place. Having investigated how I could have withheld information I have now found that although my drivers licence address been amended by the DVLA 8 months before the offence having moved property after a messy divorce my log book was not updated hence the reason why the initial summons went to my old address. Prior to purchasing this vehicle I have only ever driven company vehicles for over 10 years and this is the first vehicle I have actually ever owned so I was not use to knowing exactly what to do and was only aware that it was an offence not to change my licence but not my vehicle log book which was overlooked. My ex-wife who got all the summons correspondence deliberately failed to pass on any correspondence to me after my mail redirection ran out.
Over the period I was able to tax, mot and insure the vehicle and it was never highlighted
to me that my log book needed to be updated. At the moment I am confident that I can prove that I wasn't driving the vehicle and prove why I didn't receive the correspondence however I am unsure how to play it given the circumstance. Can anyboby help.....??
Having been in front of magistrates and signed a declaration to say that I had to knowledge of the proceeding against me I now have to face these charges and I am very concerned.
In my defence I wasn't driving the car and I can prove it as I drive a company car and was in a meeting 50 miles away from where the offence took place. Having investigated how I could have withheld information I have now found that although my drivers licence address been amended by the DVLA 8 months before the offence having moved property after a messy divorce my log book was not updated hence the reason why the initial summons went to my old address. Prior to purchasing this vehicle I have only ever driven company vehicles for over 10 years and this is the first vehicle I have actually ever owned so I was not use to knowing exactly what to do and was only aware that it was an offence not to change my licence but not my vehicle log book which was overlooked. My ex-wife who got all the summons correspondence deliberately failed to pass on any correspondence to me after my mail redirection ran out.
Over the period I was able to tax, mot and insure the vehicle and it was never highlighted
to me that my log book needed to be updated. At the moment I am confident that I can prove that I wasn't driving the vehicle and prove why I didn't receive the correspondence however I am unsure how to play it given the circumstance. Can anyboby help.....??
Answers
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I’m making a number of assumptions as your question does not state exactly what has happened as far as the court proceedings are concerned.
Presumably you have made a “statutory declaration” before the magistrates that you knew nothing of the proceedings.
What will probably happen now is that you will be asked again to provide the details of the driver at the time of the alleged offence. It is not a matter of proving that you were not driving, but providing the authorities with the details of who was. Presumably this is an allegation of speeding and when they have the information action will be taken against the driver for that offence (providing no more than six months have elapsed from the date of the alleged offence).
If you cannot provide the details you will have to go to court and plead not guilty. There are a number of statutory defences against the offence. You would be wise to seek legal advice to see if your reason for not supplying the details amounts to one of those defences.
Presumably you have made a “statutory declaration” before the magistrates that you knew nothing of the proceedings.
What will probably happen now is that you will be asked again to provide the details of the driver at the time of the alleged offence. It is not a matter of proving that you were not driving, but providing the authorities with the details of who was. Presumably this is an allegation of speeding and when they have the information action will be taken against the driver for that offence (providing no more than six months have elapsed from the date of the alleged offence).
If you cannot provide the details you will have to go to court and plead not guilty. There are a number of statutory defences against the offence. You would be wise to seek legal advice to see if your reason for not supplying the details amounts to one of those defences.
When I went to court the hearing focused on whether I knew about the offence and subsequent proceed and which I maintained I did not. I signed the declaration on this basis.
Can anybody tell me that if I supply the name of the driver (which I must stress I have never been asked) what are the best and worst case senario's???
Can anybody tell me that if I supply the name of the driver (which I must stress I have never been asked) what are the best and worst case senario's???
If you provide the driver’s details (and they are genuine) that should be the end of the matter as far as you are concerned.
If you do not you will be guilty of an offence under Section 165 of the Road Traffic Act. Magistrates’ sentencing guidelines for this offence suggest a fine of one and a half weeks net income (reduced by a third if you plead guilty) plus £15 Victim Surcharge, plus costs, and 6 penalty points.
If you do not you will be guilty of an offence under Section 165 of the Road Traffic Act. Magistrates’ sentencing guidelines for this offence suggest a fine of one and a half weeks net income (reduced by a third if you plead guilty) plus £15 Victim Surcharge, plus costs, and 6 penalty points.
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I don't have any problems in saying who was driving. I just need to know at what point I need to supply this information as I have never been asked for it. Can this information be supplied prior to the case or do I need to make a plead and go to court.
Remember that given all the confusion I only got wind that there was a problem in June'10 about the original offence that was committed in Aug'09. I accept and understand why I didn't get the original summons at my address but I can't understand why I wasn't asked this question when I made my declaration. Can I contact anyone before going to court to supply the drivers name?
Remember that given all the confusion I only got wind that there was a problem in June'10 about the original offence that was committed in Aug'09. I accept and understand why I didn't get the original summons at my address but I can't understand why I wasn't asked this question when I made my declaration. Can I contact anyone before going to court to supply the drivers name?
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If you supply the genuine details of the driver there will be no summons and no court case (not for you, anyway). You will have discharged your obligation under the law and will have committed no offence.
Now that you have made your Statutory Declaration the fixed penalty office will contact you agin for the driver's details.
Now that you have made your Statutory Declaration the fixed penalty office will contact you agin for the driver's details.
"it was never highlighted to me that my log book needed to be updated"
In what way would you wish it to be "highlighted"? Try complying with the law by at least reading the instructions and you'll notice that any amendments etc are to be immediately notified to DVLA. Apart from that, they can't guess when you may switch addresses, can they?
It's no defence, either, for you to tell the authorities that you were 50 miles away etc. Just how many others have access to your car? Sounds to me like you're trying to wriggle out of this by acting dumb. Maybe you are?
In what way would you wish it to be "highlighted"? Try complying with the law by at least reading the instructions and you'll notice that any amendments etc are to be immediately notified to DVLA. Apart from that, they can't guess when you may switch addresses, can they?
It's no defence, either, for you to tell the authorities that you were 50 miles away etc. Just how many others have access to your car? Sounds to me like you're trying to wriggle out of this by acting dumb. Maybe you are?
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