ChatterBank1 min ago
I have recieved a court summons for "failed to give information relating to the identification of a driver"
Ok the original offence was for a speed camera.
To put this into context the vehicle is registered to my limited company.
The notice was received by a member of my staff who filed it.
There seems to have been a reminder which was not received or mislaid (same memeber of staff).
I now have this notice of intended prosecution and am not sure what to do.
this is further complicated by the fact that I am not sure who was driving, whether it was myself or my wife as we shared the drive and cannot for the life of us remember at what point we changed over.
either way I am in some kind of trouble.
I seem liable for up to 6 points for the latter offence and if push comes to shove I will have to do the honourable thing and say i was driving.
I am hoping one of you guys can help with some advice.
To put this into context the vehicle is registered to my limited company.
The notice was received by a member of my staff who filed it.
There seems to have been a reminder which was not received or mislaid (same memeber of staff).
I now have this notice of intended prosecution and am not sure what to do.
this is further complicated by the fact that I am not sure who was driving, whether it was myself or my wife as we shared the drive and cannot for the life of us remember at what point we changed over.
either way I am in some kind of trouble.
I seem liable for up to 6 points for the latter offence and if push comes to shove I will have to do the honourable thing and say i was driving.
I am hoping one of you guys can help with some advice.
Answers
1 to 6 of 6
Best Answer
No best answer has yet been selected by joecw. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
It is your responsibility to keep a log of who was driving each vehicle, when.
The fact you are married is irrelevant.
However, there should be a phone number on your documents. Call them and tell them you did not receive any other paperwork regarding this matter, admit to you being the driver and see what happens.
The fact you are married is irrelevant.
However, there should be a phone number on your documents. Call them and tell them you did not receive any other paperwork regarding this matter, admit to you being the driver and see what happens.
If you want to put forward either of the defences you mention (paperwork not passed on or cannot recall who was driving) you will have to answer the summons and plead not guilty. Both the reasons you give are valid defences against a “failing to provide details” charge but the onus will be on you to convince the court.
You would stand a better chance of success with legal advice and representation in court.
You would stand a better chance of success with legal advice and representation in court.
Not true, ummmm.
In my tredness last night I had neglected to note the Company aspect. A court cannot arbitrarily award points to the licence of one or more directors of the Company. See page 135 of Magistrates' Sentencing guidelines, second line down under "Special Considerations":
http://www.sentencing...trates-guidelines.htm
In my tredness last night I had neglected to note the Company aspect. A court cannot arbitrarily award points to the licence of one or more directors of the Company. See page 135 of Magistrates' Sentencing guidelines, second line down under "Special Considerations":
http://www.sentencing...trates-guidelines.htm
1 to 6 of 6
Related Questions
Sorry, we can't find any related questions. Try using the search bar at the top of the page to search for some keywords, or choose a topic and submit your own question.