PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

Wrong address provided by rental company for speeding
madhshy
post Mon, 26 Nov 2018 - 00:12
Post #1


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



Hi Folks

Hopefully someone can help me out here...

So about 6 months ago - I get a email from my rental car company greenmotion stating I got a speeding ticket (26 in a 20) and they would be passing on my details to the police.
They charged me an admin fee for this too. The date of offence was 10th March 2018.

So I was expecting the details from the police but nothing came - so I didn't think anything of it.

Then the other day my next door neighbour passed me a letter only by coincidence saying it might be for me. Sure enough, it was a letter from a county central finance department chasing up this fine - which is now £811.

Now clearly I had no idea these letters were going to my neighbours...but now that I do whats the best way for me to handle this?

The wrong address is clearly greenmotions fault - they got the door number wrong to my address. My license has the correct address which they also had (as well as my ID proof of address all with correct details!) but they clearly passed on wrong details they had on their records to the police.

Thoughts?

Much appreciated!

This post has been edited by madhshy: Mon, 26 Nov 2018 - 00:26
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 18)
Advertisement
post Mon, 26 Nov 2018 - 00:12
Post #


Advertise here!









Go to the top of the page
 
Quote Post
BaggieBoy
post Mon, 26 Nov 2018 - 00:39
Post #2


Member


Group: Members
Posts: 6,723
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183



You need to perform a Statutory Declaration at court, which will wipe out the conviction and then handle what happens next.

It's certain you were not convicted of speeding as you never named yourself as the driver, so when the police didn't hear back they would have proceeded to Failing to Furnish charge. If you check your online licence record with the DVLA it's highly likely you will see an MS90 conviction and 6 points. Doing the SD will get this removed.

So when the SD is performed, you will probably be asked to plead to the charges. Now if they have dual charged you for both the speeding and FtF then there is a possibility you can plead guilty to the speeding if they agree to drop the FtF charge. The alternative is to plead not guilty to the FtF charge and defend it, which you would have a good chance of winning based on the S172 request from the police going to the wrong address due to no fault of yours.

You need to get the SD process moving as a matter of urgency.
Go to the top of the page
 
+Quote Post
madhshy
post Mon, 26 Nov 2018 - 00:49
Post #3


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



holy $hit your spot on BaggleBoy - just checked and I have 6 points under MS90 - I had no bloody idea!

Ok im gonna get the SD process going (googling now) but im hoping its just a case of talking to a local solicitor and getting an appointment at the court....

i guess I can plead not guilty to the FtF as you say - and makes sense given I didnt have a chance to object. Is there any reason why would I loose as clearly this admin issue isnt my fault?
Go to the top of the page
 
+Quote Post
Logician
post Mon, 26 Nov 2018 - 00:54
Post #4


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



No need to talk to a solicitor, just ask the magistrates court for a day to perform a statutory declaration, preferably the court that dealt with your case.


--------------------



Go to the top of the page
 
+Quote Post
madhshy
post Mon, 26 Nov 2018 - 01:06
Post #5


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



the court that sent the fine is pretty far up north...is there a chance I will have to go up there in order to defend my case vs pleading guilty? If so its almost certainly not worth the bother for me.
Go to the top of the page
 
+Quote Post
Logician
post Mon, 26 Nov 2018 - 02:42
Post #6


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



See if your local court will do it, if you do the routine deal of pleading guilty to the speeding provided they drop the s.172 there seems no reason why not. A bit more problematic if you are simply going to defend the s.172 but worth asking.


--------------------



Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 26 Nov 2018 - 07:19
Post #7


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



If the address on the rental agreement is correct you have a good case for pleading not guilty, you shouldn’t be penalised for an error by them. If the address on the rental agreement is correct your case is less strong as presumably you signed that agreement?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
Colin_S
post Mon, 26 Nov 2018 - 09:32
Post #8


Member


Group: Members
Posts: 291
Joined: 12 Jan 2013
Member No.: 59,321



QUOTE (The Rookie @ Mon, 26 Nov 2018 - 07:19) *
If the address on the rental agreement is correct you have a good case for pleading not guilty, you shouldn’t be penalised for an error by them. If the address on the rental agreement is incorrect your case is less strong as presumably you signed that agreement?


Totally agree with this but with typo corrected.
Go to the top of the page
 
+Quote Post
madhshy
post Mon, 26 Nov 2018 - 10:58
Post #9


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



So yes I did sign the agreement with the wrong address there's no doubt about that.

But my original rental booking via an agent and my DVLA details.and the proof of ID that I provided on the day all had the correct details.

Will any of that count?

Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 26 Nov 2018 - 11:01
Post #10


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Its a long shot, yes it counts but whether the court would accept it as an absolute defence I think is open to a lot of debate.

The issue is that the MS90 really loads your insurance plus the fine is a lot higher, so an unsuccessful defence will see you about £1150 worse off on the day plus probably another few hundred on premiums plus having 3 more points on your licence, I’d say you have about a 50% success chance, but let’s see what others think.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
Logician
post Mon, 26 Nov 2018 - 11:18
Post #11


Member


Group: Members
Posts: 13,572
Joined: 28 Mar 2010
Member No.: 36,528



I would say that the rental agreement is the definitive document and signing it with the wrong address considerably weakens your defence. As the Rookie says, the important issue is to avoid getting an MS90 on your licence, which will hit you for the next five years. Given that you want to avoid travelling up to the issuing court, which you might well have to do to mount a defence, I would suggest you are best to avoid that and go down the well-trodden path of offering to plead guilty to the speeding if the s.172 is dropped, which hopefully you can do locally. You have a good argument for the court to keep the fine to the fixed penalty level in the circumstances.


--------------------



Go to the top of the page
 
+Quote Post
madhshy
post Mon, 26 Nov 2018 - 12:01
Post #12


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



Cheers folks. Good advice will get that sorted asap.
Go to the top of the page
 
+Quote Post
madhshy
post Tue, 18 Dec 2018 - 21:32
Post #13


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



So I had my stat declaration today...all fine until they asked me if I wanted to plead guilty to the ftf charge. I asked if I could just plead guilty to the original offense but they said no...So left me no choice but to plead not guilty.

They have set a court date for trial in stratford...So I guess on the day is when I ask if I can plead guilty to just the original offense?

This post has been edited by madhshy: Tue, 18 Dec 2018 - 21:35
Go to the top of the page
 
+Quote Post
The Rookie
post Wed, 19 Dec 2018 - 07:48
Post #14


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Yes, although you need (should be sent although its not always reliable) a copy of the original court paperwork to see if you were dual charged or not.

In your case if you are not sent the paperwork as you should be you can ask the court to dismiss the charge, there was some advice somewhere on a solicitors page where they claimed a lot of success with this, will try and find it.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
madhshy
post Sun, 20 Jan 2019 - 23:34
Post #15


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



Thanks for the reply rookie - if you have any links would appreciate it.

This post has been edited by madhshy: Wed, 23 Jan 2019 - 21:58
Go to the top of the page
 
+Quote Post
The Rookie
post Mon, 21 Jan 2019 - 06:36
Post #16


Member


Group: Members
Posts: 56,198
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



You can still approach the prosecutor before the hearing, explain the situation, tell him you are happy to plead guilty to an out of time charge of speeding if the S172 will be dropped, this has happened but is by no means a shoe in, the prosecutor and the bench both have to agree to ‘bend’ (break really) the rules.

It sounds like you have a copy of the original Single Justice Procedure Notice, so nothing to be gained there.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
madhshy
post Wed, 23 Jan 2019 - 21:58
Post #17


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



thanks for the info.

My court date is soon.wish me luck

This post has been edited by madhshy: Fri, 25 Jan 2019 - 20:13
Go to the top of the page
 
+Quote Post
madhshy
post Fri, 25 Jan 2019 - 20:14
Post #18


New Member


Group: Members
Posts: 9
Joined: 26 Nov 2018
Member No.: 101,127



I won the case smile.gif Not quite how I expected though...the cps didnt have any of the paperwork so had no choice but to dismiss.

As It was only for the FTF charge, is there any chance they can still come back to me for the original fine?
Go to the top of the page
 
+Quote Post
NewJudge
post Fri, 25 Jan 2019 - 22:09
Post #19


Member


Group: Members
Posts: 4,746
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (madhshy @ Fri, 25 Jan 2019 - 20:14) *
As It was only for the FTF charge, is there any chance they can still come back to me for the original fine?

No for two reasons: (1) They have no evidence who was driving and (2) even if they had, since it was more than six months ago it is now too late to begin proceedings.
QUOTE (madhshy @ Fri, 25 Jan 2019 - 20:14) *
I won the case smile.gif Not quite how I expected though...the cps didnt have any of the paperwork so had no choice but to dismiss.

Was this on Wednesday or Thursday of this week by any chance? There was a major failure in the Court and Police IT systems and all sorts of problems followed.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 15:18
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here