Summons for Failure To Supply Driver Details
Discussion
Contact the court.
Explain you have the details and the originals appear to have been lost in the post.
Ask if you can send the details in or if you should bring them to court.
In my (limited) experience courts are quite kind to simple mistakes, but until you contact them they don't know if it's a mistake or if you just ignored them.
Explain you have the details and the originals appear to have been lost in the post.
Ask if you can send the details in or if you should bring them to court.
In my (limited) experience courts are quite kind to simple mistakes, but until you contact them they don't know if it's a mistake or if you just ignored them.
Snowboy said:
Contact the court.
Explain you have the details and the originals appear to have been lost in the post.
Ask if you can send the details in or if you should bring them to court.
In my (limited) experience courts are quite kind to simple mistakes, but until you contact them they don't know if it's a mistake or if you just ignored them.
legally is a letter not deemed to have been sent from when it is posted not when it arrives ?Explain you have the details and the originals appear to have been lost in the post.
Ask if you can send the details in or if you should bring them to court.
In my (limited) experience courts are quite kind to simple mistakes, but until you contact them they don't know if it's a mistake or if you just ignored them.
Snowboy said:
Contact the court.
Explain you have the details and the originals appear to have been lost in the post.
Ask if you can send the details in or if you should bring them to court.
In my (limited) experience courts are quite kind to simple mistakes, but until you contact them they don't know if it's a mistake or if you just ignored them.
We get quite a few of these due to owning the bodyshop, this is the first one that has gone wrong.Explain you have the details and the originals appear to have been lost in the post.
Ask if you can send the details in or if you should bring them to court.
In my (limited) experience courts are quite kind to simple mistakes, but until you contact them they don't know if it's a mistake or if you just ignored them.
We always send them back because it is ball ache.
Snowboy said:
Yes.
If you can prove it was posted.
Although I think there are some exceptions.
Interpretations Act should apply, I would have thought? The prosecution would have to prove the item was not posted rather then you proving it was. Might be wrong, but I'd expect standard of proof to be balance of probabilities. If you can prove it was posted.
Although I think there are some exceptions.
Convincing the court that you are a garage who gets these requests from time to time and you have a history of compliance because otherwise it's a PITA would be helpful. Photocopies of the completed documents more so. Written records showing you keep a log of who has the vehicle at any time etc.
What did you actually send back though?
Was it an unequivocal naming of a single driver, or a "it could've been anyone driving that day mate, where's the evidence? Was the guy using the speed gun wearing a hivis jacket and a hat?", or "I'm reasonably confident it's this person so they've agreed to take the points", or a list of names, or something along those lines?
Was it an unequivocal naming of a single driver, or a "it could've been anyone driving that day mate, where's the evidence? Was the guy using the speed gun wearing a hivis jacket and a hat?", or "I'm reasonably confident it's this person so they've agreed to take the points", or a list of names, or something along those lines?
Durzel said:
What did you actually send back though?
Was it an unequivocal naming of a single driver, or a "it could've been anyone driving that day mate, where's the evidence? Was the guy using the speed gun wearing a hivis jacket and a hat?", or "I'm reasonably confident it's this person so they've agreed to take the points", or a list of names, or something along those lines?
Gave the Drivers full details Was it an unequivocal naming of a single driver, or a "it could've been anyone driving that day mate, where's the evidence? Was the guy using the speed gun wearing a hivis jacket and a hat?", or "I'm reasonably confident it's this person so they've agreed to take the points", or a list of names, or something along those lines?
paoloh said:
Morning Guys,
I part own a bodyshop and we have received one of these even though we posted back both requests for driver details.
Have called them and they say we failed to respond.
We didn't send them recorded delivery.
We now need to go to court.
Any ideas on what I can do?
Both requests?I part own a bodyshop and we have received one of these even though we posted back both requests for driver details.
Have called them and they say we failed to respond.
We didn't send them recorded delivery.
We now need to go to court.
Any ideas on what I can do?
You won't resolve this by simply phoning the court. The court isn't the prosecuting authority so not sure why this is even suggested.
Your defence is set out in section 172(7)(b) of the Road Traffic Act 1988:
"the person on whom the notice is served shall not be guilty of an offence if he shows ... that he gave the information ... "
Burden on D to civil standard.
Strategy:
1. Not guilty plea by post.
2. After the hearing, write to the CPS setting out your defence. Serve copy documents on CPS.
3. Attend trial.
agtlaw said:
paoloh said:
Morning Guys,
I part own a bodyshop and we have received one of these even though we posted back both requests for driver details.
Have called them and they say we failed to respond.
We didn't send them recorded delivery.
We now need to go to court.
Any ideas on what I can do?
Both requests?I part own a bodyshop and we have received one of these even though we posted back both requests for driver details.
Have called them and they say we failed to respond.
We didn't send them recorded delivery.
We now need to go to court.
Any ideas on what I can do?
You won't resolve this by simply phoning the court. The court isn't the prosecuting authority so not sure why this is even suggested.
Your defence is set out in section 172(7)(b) of the Road Traffic Act 1988:
"the person on whom the notice is served shall not be guilty of an offence if he shows ... that he gave the information ... "
Burden on D to civil standard.
Strategy:
1. Not guilty plea by post.
2. After the hearing, write to the CPS setting out your defence. Serve copy documents on CPS.
3. Attend trial.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff