Court Summons - what to do?
Court Summons - what to do?
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Discussion

cowboyengineer

Original Poster:

1,419 posts

143 months

Monday 14th June 2021
quotequote all
OK, looking for some help, don't mind paying a professional.

So I realise I have made this a lot worse then it needs to be but I have already put systems in place to prevent this happening in the future.

So supply vehicles for my workforce to use.

In August one of my vans was caught speeding, I gave the pcn to the guy driving to fill, I then promptly lost it.

Once the reminder came through and had the PCN number (but not the form) I emailed the traffic unit, apologising for losing the original PCN and please could they send out another. However in the meantime on the same email, i provided the details of the driver at the time. 14/9/20

I kept an eye on the post, but heard nothing so i assumed that they had taken the guys details from the email and processed it that way.

However 2 weeks ago I got a court summons for failing to provide the driver information .

On the witness statement from the police it says that they replied by email 3 months later 11/12/20 saying that they could not accept the information by email and they attached a copy of the original PCN.

Only issue is that this email went to my junk and I never found it, I also wasn't looking for anything in my junk so never found it in there.

What are my options, whats the best way to deal with this. I would just like to provide the drivers details? Never had to go to court before.

vaud

59,386 posts

184 months

Monday 14th June 2021
quotequote all
cowboyengineer said:
they replied by email 3 months later saying that they could not accept the information by email
Feels like something from a kafkaesque nightmare.

Sorry, I can't help. AGTLaw is often very helpful and is a true expert in this domain.

SS2.

14,709 posts

267 months

Monday 14th June 2021
quotequote all
Your post is a bit light on details for much meaningful advice to be offered.

If you're happy to pay, give AGTLaw a shout - contact details.

cowboyengineer

Original Poster:

1,419 posts

143 months

Monday 14th June 2021
quotequote all
SS2. said:
Your post is a bit light on details for much meaningful advice to be offered.

If you're happy to pay, give AGTLaw a shout - contact details.
What details do you need, I don't mind providing them.

Is atglaw a member on here

No ideas for a name

3,197 posts

115 months

Monday 14th June 2021
quotequote all
cowboyengineer said:
OK, looking for some help, don't mind paying a professional.

So I realise I have made this a lot worse then it needs to be but I have already put systems in place to prevent this happening in the future.

So supply vehicles for my workforce to use.

In August one of my vans was caught speeding, I gave the pcn to the guy driving to fill, I then promptly lost it.

Once the reminder came through and had the PCN number (but not the form) I emailed the traffic unit, apologising for losing the original PCN and please could they send out another. However in the meantime on the same email, i provided the details of the driver at the time. 14/9/20

I kept an eye on the post, but heard nothing so i assumed that they had taken the guys details from the email and processed it that way.

However 2 weeks ago I got a court summons for failing to provide the driver information .

On the witness statement from the police it says that they replied by email 3 months later 11/12/20 saying that they could not accept the information by email and they attached a copy of the original PCN.

Only issue is that this email went to my junk and I never found it, I also wasn't looking for anything in my junk so never found it in there.

What are my options, whats the best way to deal with this. I would just like to provide the drivers details? Never had to go to court before.
Quite a bit of confusion as far as I can see...

By 'pcn', I assume you mean NIP?
In which case, you shouldn't have given the driver the NIP to fill in - you should have returned it naming him as the driver. That would discharge your duty, it would then be up to him/her to go with it from there.

However, as I understand it (which might not be very well!), you don't HAVE to return the actual NIP paperwork... I believe you can provide those details in for instance, a letter.
You could argue that you have dicharged your duty by providing that information in the email - which they have already acknowledged that they recieved in good time.

Hopefully AGTLaw will be along shortly to counter my above 'guess' - he will be right!

And, since the alleged offence was August - the driver now can't be prosecuted for the speeding.




cowboyengineer

Original Poster:

1,419 posts

143 months

Monday 14th June 2021
quotequote all
No ideas for a name said:
Quite a bit of confusion as far as I can see...

By 'pcn', I assume you mean NIP?
In which case, you shouldn't have given the driver the NIP to fill in - you should have returned it naming him as the driver. That would discharge your duty, it would then be up to him/her to go with it from there.
Sorry, yes you are correct, I meant NIP, well I gave it to him to fill out, then he gave it back to me and I lost it rolleyes

No ideas for a name said:
However, as I understand it (which might not be very well!), you don't HAVE to return the actual NIP paperwork... I believe you can provide those details in for instance, a letter.
You could argue that you have dicharged your duty by providing that information in the email - which they have already acknowledged that they recieved in good time.
Hopefully, I wasn't hiding who the driver was, just sent the information in the wrong format, and missed the reply email because it went to junk.

Doesn't help that their phone number has been disconnected due to covid, and the only way to contact them is via email.


No ideas for a name said:
Hopefully AGTLaw will be along shortly to counter my above 'guess' - he will be right!

And, since the alleged offence was August - the driver now can't be prosecuted for the speeding.
Never the less, something which should have been so simple (as the other 3 speeding offences have been) has now turned in to an issue due to my own disorganisation and stupidity.

vaud

59,386 posts

184 months

Monday 14th June 2021
quotequote all
cowboyengineer said:
Is atglaw a member on here
Yes, though his web site above is is probably a faster way to connect with him. Seriously, he is a literal expert on motoring law.

SS2.

14,709 posts

267 months

Monday 14th June 2021
quotequote all
cowboyengineer said:
Is atglaw a member on here
Yes - his contact details are in my previous post.

cowboyengineer

Original Poster:

1,419 posts

143 months

Monday 14th June 2021
quotequote all
vaud said:
Yes, though his web site above is is probably a faster way to connect with him. Seriously, he is a literal expert on motoring law.
SS2. said:
Yes - his contact details are in my previous post.
Thanks, i've left him a message

Jeremy-75qq8

1,750 posts

121 months

Tuesday 15th June 2021
quotequote all
In the past I have found calling them up, saying sorry this was what happened and I have sent you the form tends to get all sorts dropped.

Your mileage may vary but in the main they are not looking to take cooperative people to court