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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63927
Experience:  Over 5 years in practice.
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Hi My partner has received a court summons today for a speeding

Resolved Question:

Hi
My partner has received a court summons today for a speeding fine, they are charging him on 2 accounts, 1) failure to give information re drivers identity and speeding in excess of 30 mph (identified in the documentation as doing 37 mph)

He was not stopped at the time of the alleged offence

He didn't receive the NIP of which a copy has been included in the pack dated 28/09/12. What can he do please ?

It could have been either one of us driving at the time, it was such a long time ago now, neither of us knows, what can we do please ? The photo is at night and we cannot distinguish who is driving.

My partner has, just over a year ago, been on a speed awareness course for a previouse offence

Regards

Lorraine
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX X will try to help with this.

Do you really not know who was driving? Bearing in mind this is a personal vehicle? You are anonymous on here.
Customer: replied 1 year ago.


Hi


 


I could have been either of us, we really don't know

Expert:  Jo C. replied 1 year ago.
No, I understand you won't know offhand. Of course, you won't. It was a long time ago.

But if you check your diary, retrace your steps etc?
Customer: replied 1 year ago.


We were both together, I attend a sporting event on a monday evening and my partner collects me, sometimes I drive and sometimes he drives

Expert:  Jo C. replied 1 year ago.

Ok.

Do the DVLA have the right address for the vehicle?
Customer: replied 1 year ago.


Yes

Expert:  Jo C. replied 1 year ago.
Thanks.

He has been summonsed to court so if he wants to defend this action then he must attend. There is no way around it.

He will be summonsed for failing to identify the driver and in the alternative speeding.

Realistically there is no case against him for speeding. There is no evidence that he was the driver as he didn’t comply with the S172 request. The purpose of that charge is to act as an alternative.

The failing to identify will be the live issue. It is a defence to say that he didn’t receive the NIP. Ultimately you cannot tell them who was driving if you don’t get a request to do so.

Its never quite that simple though. They will have a statement from a civilian employee of the police to the effect that they posted the NIP and probably that a reminder was sent as well. They don’t usually send them recorded delivery anymore but they do send both out first class post and obviously two letters are not normally lost.

He will need to account for why they may both have gone missing. He may be able to do that but he will need to explain.

He actually might win that though. The Crown cannot say that he received the NIP. All they can say is that it was sent. Obviously it gives rise to an inference that two went missing and he would have to be reasonably credible or the Bench will just disbelieve him but applying the burden and standard of proof the right conclusion is usually that they cannot be sure.

On the point of not being able to remember who was driving you need to be careful with that. It shouldn’t arise here because his defence is that he didn’t get the NIP. However, if it does become an issue, you misunderstand the law I’m afraid. A S172 form does not ask you if you know offhand who was driving. It demands that you investigate and ascertain who was driving. There is a defence in saying that you cannot do so with reasonable diligence but the truth is that its never very credible to say that you cannot say who was driving your own car. It tends to be more successful when raised by companies who run things like haulage firms. Its unlikely to be an issue for the reasons above though.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 1 year ago.


Our post is sometimes left on the wall outside the property, our neighbours can confirm that, could this be sufficient mitigation that the NIP it could have gone astray ?


 


If we return the plea form saying not guity to both offences what will happen then? or should we both go to court ?

Expert:  Jo C. replied 1 year ago.
You don't really need to go to court. He is the summonsed person.

The issue is not now whether he can identify the driver but whether he did on that occasion and, if not, does he have reasonable excuse.

If he can credibly explain why his post might not have reached him then that will usually be sufficient.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 63927
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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