i recieved a notification re speeding on motorway. i didnt check the date and filled it in as my husband as he had got one 2 weeks before, i assumed it was the same one! it was me driving we think the 2nd time? what do i do now?
Province/Country relating to question : west yorkshire
ringing their contact number i just get machine after machine. then they gave me a number and its always busy!! i am scared as we are not too sure who was driving and i dont want to think im doing anything delibratly
Hi Thank you for your question and welcome to Just Answer. I will try to help with this.
So you think you have declared the wrong person?
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Can you respond now?Do you think you have declared the wrong person? Are you sure?
i think so, were not sure who was driving but its likely me. i assumed it was refering again to one that my husband got 3 weeks before
OK. That is really the place to start I'm afraid.Its not good enough to say its likely that it was you. Thats not a proper nomination. S172 reverses the burden of proof onto you to ascertain who was driving. Of course, you will not know offhand but the law requires you to investigate and discover who was driving. On the point of the incorrect nomination, you are probably right to be concerned but its fairly easy to put right. There is an offence of perverting the course of justice that applies to a false nomination and the Crown are getting very free with it. The case law on the point hasn't really gone in their favour and they are far too used to getting their own way at the Magistrates Court. In response they do bring perverting charges sometime and the case law says that even on a first offence a person of exemplary good character can still expect a short custodial sentence.However, its very easy to resolve. They have to prove that you intentionally gave false information. If its just a mistake then you can just write to them with that information and realistically there is no hope of a conviction against you. You should still call them with that information but follow up in writing and send it recorded delivery so that they cannot deny receipt. The important thing is firstly to ascertain for certain who was driving. Then if you have made an incorrect nomination just contact them with that information. If its a mistake and you tell them then thats not perverting.Hope this helps. I would be grateful if you could please rate my answer and provide quick feedback. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Bar Exams, over 5 years in practice
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