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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice.
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I have just recieved a notice of proesecustion for not

Customer Question

Hi There, I have just recieved a notice of proesecustion for not disclosing the detials of the driver of my company vehicle, however I responded to the final notice? Thought nothing of it
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: This is in th UK\
JA: Have you talked to a lawyer yet?
Customer: nope
JA: Anything else you think the lawyer should know?
Customer: No thats it I did not respond to the first notice it was an over sight
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
Hi, how do I sort this out, we definitely responded to the final notice witht he name of the driver
Customer: replied 1 year ago.
Just put it in the post and forgot about it, came back from holiday today to find "Single Justice Procedure". Hence I am guessing I respond with a not guilty, however I don't have any real supporting evidence???
Expert:  Jo C. replied 1 year ago.

Did you respond within 28 days?

Customer: replied 1 year ago.
responded almost immediately to the final notice.
Customer: replied 1 year ago.
I know we did this as I thought the initial notice had been sent back by my wife, however that was a misunderstanding, hence I ensured I filled it out and personally put it in the mailbox.
Expert:  Jo C. replied 1 year ago.

Did you unequivocally name the driver?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I think I may have a photocopy of the filled out form, but I cant find it at the min
Customer: replied 1 year ago.
I have literally just got back from holiday tonight :)
Customer: replied 1 year ago.
My goodness I just noticed the terrible spelling on my initial question, My apologies I am not totally illiterate, I was just rushing.
Expert:  Jo C. replied 1 year ago.

On the face of it, you do have a defence.

If you named the driver on the second S172 request then that is proper disclosure.

If you did send it within 28 days then that is compliant. I suppose they could argue that you didn't comply with the first but they don't really do that. Otherwise there would be no point in a reminder.

Expert:  Jo C. replied 1 year ago.

Also, there would be lots of abuse of process challenges.

I would imagine that it was lost in the post though.

If so, then you do still have a defence to the charge.

Expert:  Jo C. replied 1 year ago.

The problem will be whether or not the court will accept it.

In fairness, there isn't a reverse burden on this point. The crown have to prove you didn't send it although, quite frankly, I think there is always a reverse burden on the defence at the Magistrates court. They are not a very respected tribunal. They regularly convict when they should acquit.

You would have to be reasonably credible when you give evidence. I suppose you could call your wife as a witness.

Expert:  Jo C. replied 1 year ago.

Can I clarify anything for you?


Customer: replied 1 year ago.
do I need to attend court or can I do this through the post?
Expert:  Jo C. replied 1 year ago.

No, you need to go to court to defend this.