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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69269
Experience:  Over 5 years in practice.
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I received a court letter in February stating that I owe £700,

Customer Question

I received a court letter in February stating that I owe £700, about which I had no previous knowledge. I contacted the court and was told I had been found guilty of failing to provide driver information for a speeding offence. I explained that I hadnt received any letters, and that the reason for this was that there was extensive building work at my home for several months last year. I was advised to make a statutory declaration in my local court where the conviction could be set aside. I did this and sent the stat dec to the court that had convicted me. I have now received a summons from them for failing to provide driver details AND for the original speeding offence. I fact I was not the driver, I had lent my car to a friend whilst I was on holiday. I cant understand how they can summons me for both these alleged offences, as they seem to be contradictory. What should I now do?
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

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

Were you speeding?
Customer: replied 3 years ago.

No, I had lent my car to friends who took my car to Bournemouth and one of them were driving. I was on holiday at the time in Wales

Expert:  Jo C. replied 3 years ago.
Were they insured to drive your car?
Customer: replied 3 years ago.

Yes, I added my friend to my insurance for one month, and his wife was covered to drive my car under her own policy.

Expert:  Jo C. replied 3 years ago.
You are summons for failing to identify and speeding in the alternative. Actually though they are not contradictory. Its possible to be both the driver of a speeding car and to fail to comply with S172 responsibilities.

They have summonsed you to court for a trial because you have made a statutory declaration.

If you deny receipt of the S172 forms then you will have to defend on this basis. If you don’t receive a NIP then you cannot identify the driver.

There is a run on that basis. The police will have the statement of a civilian support worker to the effect that he put the S172 form in the post to you. They will not be able to prove that it was delivered usually.

However, obviously the post in the UK does not go missing all that often and usually they send out one NIP and a reminder about a month later. You will have to explain to the satisfaction of the court why two such documents would have gone missing at your address.

They have no evidence that you were the driver and so the speeding will just fall away. The fact that you allowed another person to drive the car will come out in evidence though and so you might be asked to prove that he was insured to drive. They do sometimes vary the charge to permitting no insurance if a person cannot.

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 3 years ago.

I made the statutory declaration which was accepted and sets aside the judgement of my falling to provide details. How can I now be summonsed again for this?

Expert:  Jo C. replied 3 years ago.
Because thats what happens Im afraid.

The statutory declaration doesn't prevent them prosecuting you. It just reopens the case.
Customer: replied 3 years ago.

This makes no sense. I went to court to make a statutory declaration to defend the fact that I had never recieved any letters, NIP, S172 form, or anything at all related to the offence. I explained in court that the reason for this is because of building work at my house causing post to be lost or misdelivered. The court accepted this and allowed my declaration which SETS ASIDE the previous conviction of failing to provide details. I understand that this doesnt make the speeding incident go away but it does remove the conviction for failing to provide details as the court has accepted that I never had the opportunity to do so. The whole process should now start again right from the begining, where they send me a letter stating that the vehicle was photographed speeding and asking me to provide details of the driver at the time. They cant summons me for failing to provide details when a court has accepted that I havent had the opportunity to do so, and they cant summons me for speeding until they give me the opportunity to tell them if in fact it was me driving.

I dont understand what you mean when you write "You are summons for failing to identify and speeding in the alternative". The summons appears to be for both not for one or the other. I also dont understand what "There is a run on that basis" means.


Expert:  Jo C. replied 3 years ago.
Can I ask why you've left a negative rating?
Customer: replied 3 years ago.

As I wrote in my last post above, I cant see how your advice makes sense. And it was poorly written some bits I dont understand what you mean.

Expert:  Jo C. replied 3 years ago.
Sorry but I will not be carrying on then I'm afraid.

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