Summons for Failure To Supply Driver Details

[paoloh]

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?

[paoloh]

ikarl said:

Go to Court?

Thanks.....

[paoloh]

PHmember said:

Not go to court?

I feel a pattern forming here

I will restructure the question.

Do I just say, "we responded to the letters?"

Is there another form of defence etc etc?

[paoloh]

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.

We always send them back because it is ball ache.

[paoloh]

TooMany2cvs said:

paoloh said:

ikarl said:

Go to Court?

Thanks...

So why not tell us what answer you WERE after, and then we can give you it?

I have in another post already.

[paoloh]

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

[paoloh]

Qwert1e said:

paoloh said:

We always send them back because it is ball ache.

... and keep a copy in case we are accused of not responding.

A copy of what?

In future, I will send recorded.

[paoloh]

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?

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.

WE had the letter twice.

[paoloh]

speedking31 said:

But isn't the difficulty in the "... he shows ..." as the OP has nothing to show?

OP, was this one of your vehicles or a customer vehicle?

One of our vehicles lent to a sister company.

[paoloh]

agtlaw said:

paoloh said:

WE had the letter twice.

And you responded twice? If not, then why not?

Yes, replied twice