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My son has been sent a postal requisition for a Nottingham

 
Jomo1972's Avatar
  • Answered by:Jomo1972
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Customer Question

My son has been sent a postal requisition for a Nottingham court summons. Fail to give information re drivers identity as required! The thing is he does not own thw motorcycle in question, but rather I do! He has the same first name that I do but his date of birth is not! I have not had any letters for the police about providing anything and to be honest do not know what to do next - Help!

 

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Province/Country relating to question : UK

Already Tried:
Called a solicitor but they did not even know what a postal requisition is!

Submitted: 260 days and 10 hours ago.
Category: UK Traffic Law
Value: £11
Status: CLOSED
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Expert:  Jomo1972 replied 260 days and 10 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

What exactly would you like to know about this?

Customer replied 260 days and 10 hours ago.

What do I do next?

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Expert:  Jomo1972 replied 260 days and 10 hours ago.


Did he get a NIP ?

Customer replied 260 days and 10 hours ago.

Not had anything!

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Expert:  Jomo1972 replied 260 days and 10 hours ago.

Does the DVLA have the right address for the bike?

Customer replied 260 days and 10 hours ago.

Yes

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Expert:  Jomo1972 replied 260 days and 9 hours ago.

And you can truthfully attend court and say that neither of you have had a S172 form?

If I tell that there is a way out of this on that basis but if you do it falsely you would probably both go to prison would that make a difference?

Customer replied 260 days and 9 hours ago.

Go to prison for not getting a form? The Summons has been sent to my son not me. He does not own the bike, it belongs to me! It is registered in my name!

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Expert:  Jomo1972 replied 260 days and 9 hours ago.

No for perjury.

So can you give me the information I asked for?

Customer replied 260 days and 9 hours ago.

Perjury? I am really concerned by your question! If I never received a letter and my son was in Reading working, who was supposed to get the letter?

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Expert:  Jomo1972 replied 260 days and 9 hours ago.

Does this mean that one of you might have received a S172 form? You are anonymous on here so you can be clear with me.

This is really simple. Are you confident that you didn't get the forms?

Customer replied 260 days and 9 hours ago.

Never got a thing! But I'm more concerned that they have sent my son a letter about something nothing to do with him!!!

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Expert:  Jomo1972 replied 260 days and 9 hours ago.

Well, its not that simple. Anybody can be sent a S172 form. You cannot just ignore it because you are not the registered keeper.

If he was sent a S172 form then he should have responded. If he did not then he has no defence and should plead unless fairly exceptional circumstances apply.

If there was no S172 form sent out to him at all then he just goes to court and gives that evidence. You should attend too and give evidence as there seems to be registered keeper dispute here. A sensible tribunal could not convict him on that evidence. Normally CPS just have a statement from the officer who sent out a S172 to the effect that he put it in the post. They cannot prove it was received usually. You cannot name the driver if you don't get the forms.

However, obviously you can only do that if it is true. Giving false evidence is perjury and people do regularly go to prison for that actually disproportionately with road traffic because otherwise honest people do sometimes lie on these matters.

Hope this helps. Please rate my answer OK SERVICE or above and then I will continue with this for free.

 
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