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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64670
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: 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 Jo and I will try to help with this.

Were you speeding?
Customer: replied 1 year 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 1 year ago.
Were they insured to drive your car?
Customer: replied 1 year 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 1 year ago.
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Customer: replied 1 year 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 1 year ago.
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Customer: replied 1 year 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 1 year ago.
Can I ask why you've left a negative rating?
Customer: replied 1 year 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 1 year ago.
Sorry but I will not be carrying on then I'm afraid.

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