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Alice H
Alice H, Solicitor/Partner
Category: UK Traffic Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
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I am due in court on Monday as I moved house and forgot to

Customer Question

Hi, I am due in court on Monday as I moved house and forgot to update the DVLA. In the meantime I was given a speeding fine and this was send to my old address. I was convicted for not providing proof of identity and given 6 points and a £600 fine. I got the case re-opened, and they are giving me the chance to plead not guilty. What should I take to court with me to reduce or get let off the fine?
Submitted: 9 months ago.
Category: UK Traffic Law
Expert:  Alice H replied 9 months ago.

My name is ***** ***** I am happy to help you. Can I suggest a phone call as this will be easier and quicker for you?

Customer: replied 9 months ago.
No thanks, ***** ***** with an answer on here. Thanks
Expert:  Alice H replied 9 months ago.

Is the trial listed for Monday?

Expert:  Alice H replied 9 months ago.

It's certainly a defence under s.172 Road Traffic Act 1988 to say you could not respond to the notice as you did not receive it:

..... the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

The prosecution have to prove beyond a reasonable doubt that the notice was correctly served - which they will do by the fact that the notice was sent to the address registered in the DVLA database- your defence, which you have to prove simply on the balance of probabilities, is that you couldn't respond to thmy notice because you didn't receive it. The court will be unimpressed by the failure to change the details with DVLA but that's a separate offence so as a matter of law it does appear that you have a defence to this particular offence.

Customer: replied 9 months ago.
it's on Monday. So I am being fined for not providing proof of identity. Do I plead guilty or not guilty? I can prove that I moved to 2 new addresses and that there were builders in the flat where is should have registered the car. But I wanted to wait until I had fully moved in before changing the address as I was moving around so much. I have proof that I rented 3 times and lived with my parents and in-laws while my flat was being renovated.The only time I knew about the fine was when I got a letter my parents address ( where my driving licence is registered to) saying I owed £600! At this point I called the court to find out what had happened and have proceeded from there.
Customer: replied 9 months ago.
Is there any evidence I can provide to get the fine and points removed?
Expert:  Alice H replied 9 months ago.

The fine and points is for not replying to the request for details of the driver. You can certainly fight the case on the basis that you did not receive the notice and so you could not respond to it. The Magistrates will decide whether you have a defence of not. I think you'll have a little of difficulty because each time you move you are legally obliged to notify DVLA of your change of address.

Customer: replied 9 months ago.
what is the best way of proving I am not guilty of providing proof of identity? What should I take with me to court?

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