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Court Summons Failure to provide and speeding, Not Guilty, Please Please help...!
Royston_buck
post Tue, 9 Jul 2013 - 14:00
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Can someone please give me some advice as I am at my wits end with worry.

I apologise if this is very long winded, but I would just like to detail the events leading up to the summons.

My Mum was diagnosed with cancer in her lung and esophagus (gullet) last July. As they were two primary cancers they could operate to remove them both. This was set for the end of Sept.

The operation was horrific for a 72 yr old, which involved taking out a third of one lung, and removing her esophagus from her neck to the top of her stomach, then reshaping her stomach into a tube to replace the removed esophagus. (Fantastic surgeons who are my 'gods' for saving my mums life..)
As you can imagine, mum was in intensive car for two weeks and remained in hospital a further 3 weeks. When she came home, I discussed with my partner that I would have to live with her for approx 3 months until Dec as she was so poorly she needed constant attention. I tell you this so you're aware how serious the operation was.

Now, the car I use was bought by my partner who allowed me to register it in my name. My Partner had a company car. In December my partner was made redundant and so lost the company car. Mum was still very poorly and having quite a few problems and so I told my partner I needed to stay a little longer. I gave the car back so she could use it to find work. I had people nearby to rely on for my own transport so all was well.

New year came and went and mum still needed constant attention due to surgery related problems affecting her heartbeat. Now I love my mum, she's done so much for me, and I love my partner, who was now constantly texting/ringing for me to come back... I was under so much pressure to come home, and also to see to my mum that I ended up ignoring my partners calls... and we subsequently fell out. It took another 3 months plus, for mum to be able to even sit out in the garden.

May/June was the turning point of my mums health and was starting to get back to a decent standard of life, although she's now 8 stone instead of the 10 and a half she was before the op. I text my partner to tell her of my mums good health and we arranged to meet for a drink. This we did, and after a long debate sorted out our differences and I agreed to stay till the end of June and come home Mon 1st July. This is where the legal nightmare starts, and thank you for bearing with me so far.

I came home Mon 1st July. Opened three letters, two dated 13 June and one dated 18th June to find 3 summonses for speeding and failure to provide driver details for FOUR different occasions with copies of NIP's that were apparently sent. Now the best bit is, the court date was the very next day...!! 2nd July.

I asked my partner, well, I actually accused my partner of these offenses to which she swore she knew nothing about. I asked if I had any mail prior to the ones I'd just opened. She then told me that when we fell out, she had posted a number of letters on different occasions back through the postbox marked 'Not at this address'...!!!

I rang the court up and explained what had happened and that I did not have my car from the middle of December until I came back home on 1st July and was told to email straight away with a not guilty plea. This I did, and then rang the following morning at 08:30 to make sure they had received it.

I have now got a letter back with 'Notice of new date of hearing' on 23 July 2013 at 10.00am

This is what it says...

The court has adjourned the cases listed below to 23 july 2013 at 10.00am
at courtroom blah blah blah

The matter has been adjourned because

1. List for trial.
2. For a case management hearing to discuss and identify the issues in the case and then fix a trial date. You should attend with witness names, addresses and dates of birth (if any) together with their availability for the trial date.

My partner says she has never been in the car at the location of the speed cameras, which are the temporary speed restrictions on the M62 Junc 27 to 30. She also states she lent the car out to a friend around the time of the offenses...!!

The copy NIP stated that photographic evidence was online, so I went online to see if I could determine the driver. I saw photos for three of the offenses and could not make out anyone at the wheel, plus it was night time and just too dark. There is one NIP that doesn't disclose the pin no to access the online photos. This offense was early morning and I maybe would have had a better chance of recognising the driver if I could see it.

The facts are as follows:

1. I definitely did not have the car at the time of the offenses, and the car was kept at the registered address.
2. It turns out that my partner posted back any mail when we fell out and is happy to state this in court.
3. My mum can verify me living with her temporary during the time of the offenses, and my partner can confirm the car was at home at the date of the offenses. (Incidentally, she is a named driver on my insurance)
4. I definitely have not seen any NIP's prior to the summonses.
So my questions are:

1. What does the letter 'Notice of new date of hearing' for 23 July mean by 'List for trial' and 'For a case management hearing to discuss and identify the issues in the case and then fix a trial date'? I can't just go with my witnesses and conclude the trial on 23 July? Am I right in thinking they will set another date for the trail?

2. Is there anything else I need to use as evidence that I was temporarily staying at my mums at the time of the offense, and did not see or receive any NIP's or will they take my mum and my partners word for it...? I have hospital photos of her development from intensive care to coming home. Plus of course the hospital letters with appointments etc...

3. Do I actually incriminate my partner by stating that she had the car or that she let a friend borrow it? Would the court then pursue them?

4. How do I go about getting hold of the photo evidence for the offense that wasn't available online?

5. Is it still my responsibility to try to find out who the driver is?

I cannot afford a legal representative due to cutting down my work to look after my mum which has left me totally skint. I have never been to court in my life and am so worried about the procedure, and that I would be so nervous representing myself.

Also, bear in mind that when I gave the car back in the middle of December, two of the Offenses Occurred within days and two at the beginning of January... I have driven through the roadworks on the M62 many a time in the past, all without incident.

Please can anyone advise me of anything I need to do/ought to know?

I would be very grateful for any help at all.

Thank you for taking the time to read this.

Sincerely

Royston


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post Tue, 9 Jul 2013 - 14:00
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Royston_buck
post Tue, 9 Jul 2013 - 14:11
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Also, I forgot to mention. There are two separate summonses for the same date 29/12/12. One at 19:11 on M62 westbound between jct 29 and 28 and one at 19:14 M62 westbound between jct 28 and 27. So literally 3 minutes apart. Is this right?

Thanks.

Royston
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Jlc
post Tue, 9 Jul 2013 - 15:28
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This is complex - others will be along to comment.

As you didn't receive any notifications you couldn't respond. However, if one was being cynical for a moment (I'm not suggesting this is true at all) it has been known for people to evade speeding fines etc. by using a similar 'arrangement'. From their point of view the post was returned with 'no known at this address' but they had no other details to pursue. If the RK did not have an arrangement to check post at the given address then (in hindsight perhaps) the address should have been updated to one that could.

It sounds like they've dual-listed the offences (i.e. failing to furnish and speeding) for some of the events. Without the driver nomination they cannot realistically secure a speeding conviction unless a guilty plea is entered. (This leaves the door ajar for a 'plea bargain' where the FtF might be dropped in exchange for pleading guilty to the speeding but this only applies if the driver was you).

Naming the driver is largely irrelevant now (and you don't need to do it now) as the offence is complete and they cannot pursue the driver due to the statute of limitation. (6 months from the offence)

I presume your point about photo evidence is to 'prove' it wasn't you driving. Whilst this might be the case the offence of failing to nominate the driver still stands and is separate to the underlying offence.

Although you say you cannot afford legal representation I suggest you do take some professional advice. You are potentially facing lots of points (6 points each for failing to furnish) and some tidy fines and costs - there's a possibility of a totting ban (6 months unless exceptional hardship applies). The trial costs will exceed £600 for starters if you are found guilty.

QUOTE (Royston_buck @ Tue, 9 Jul 2013 - 15:11) *
Also, I forgot to mention. There are two separate summonses for the same date 29/12/12. One at 19:11 on M62 westbound between jct 29 and 28 and one at 19:14 M62 westbound between jct 28 and 27. So literally 3 minutes apart. Is this right?

Yes, it can be. There might be an argument for 'one continuous offence' but again is largely irrelevant if the driver is not nominated.

Are the alleged speeds and limits given?

This post has been edited by Jlc: Tue, 9 Jul 2013 - 15:30


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Royston_buck
post Tue, 9 Jul 2013 - 17:04
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. If the RK did not have an arrangement to check post at the given address then (in hindsight perhaps) the address should have been updated to one that could.

As the house and all bills are in my partner's name, the only mail I get is a bank statement and I access my account online. I didn't think for one minute I would be faced with 4 summonses. However, had things been ok with us, I'm certain I would have been made aware of any new mail. She obviously got a bee in her bonnet big time and disposed of it without saying... I'm not so sure I believe it was actually sent back 'not at this address' knowing my partner when angry

Without the driver nomination they cannot realistically secure a speeding conviction unless a guilty plea is entered. (This leaves the door ajar for a 'plea bargain' where the FtF might be dropped in exchange for pleading guilty to the speeding but this only applies if the driver was you).

I cannot admit to something I haven't done, even if it means an easier life for me.


I presume your point about photo evidence is to 'prove' it wasn't you driving. Whilst this might be the case the offence of failing to nominate the driver still stands and is separate to the underlying offence.

[Mainly, but also to find out if my partner is telling me the truth/i]

Although you say you cannot afford legal representation I suggest you do take some professional advice. You are potentially facing lots of points (6 points each for failing to furnish) and some tidy fines and costs - there's a possibility of a totting ban (6 months unless exceptional hardship applies). The trial costs will exceed £600 for starters if you are found guilty

[i]Ok




Are the alleged speeds and limits given?
[/quote]


Yes, for example it gives the speed limit of 50mph and a recorded speads of between 58 and 61
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Logician
post Tue, 9 Jul 2013 - 22:33
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QUOTE
I have now got a letter back with 'Notice of new date of hearing' on 23 July 2013 at 10.00am

This is what it says...

The court has adjourned the cases listed below to 23 july 2013 at 10.00am
at courtroom blah blah blah

The matter has been adjourned because

1. List for trial.
2. For a case management hearing to discuss and identify the issues in the case and then fix a trial date. You should attend with witness names, addresses and dates of birth (if any) together with their availability for the trial date.

It sounds as though this is a form letter and either 1. or 2. should be ticked or circled. 1. would mean that the case would actually be heard on 23rd July and 2. would mean that the issues in the trial would be discussed, you would have to outline your defence and say which witnesses you wished to call. If there is no indication of whether 1. or 2. applies, I would telephone the court again and ask them.

As has been said, the main issue now is the charge of failing to nominate the driver, not the speeding. For each of these four charges you could receive a large fine and 6 penalty points, so it is a matter to be taken seriously and you really should consider taking legal advice from a motoring specialist solicitor, not a general High Street solicitor. There is a list elsewhere on this site and also BB Law who operates on a fixed fee basis would very much be worthwhile talking to, as there are many good reports of his work. Most lawyers will give a preliminary view without charge.

On the legal issue, there was a recent case which is on just the point which applies in your case, Whiteside v DPP. Forms were sent to Mr Whiteside at his registered address, but he never replied. He was often abroad and left his secretary and wife to attend to matters which they failed to do. His appeal against conviction failed because he should have made more robust arrangements to make sure he received important letters. During that case, the prosecution conceded that if, say, the letters had been stolen from his letter box, then he would have a defence. Effectively that covers your situation, you had no reason to suppose you would not receive letters sent to you at that address, but unknown to you, your partner was sending them back (or possibly destroying them). You see that there is some legal argument involved in that defence, and unless you are very confident, you really need a lawyer to do it justice. Talk to BB Law (Bobby Bell)

This post has been edited by Logician: Tue, 9 Jul 2013 - 22:34


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Royston_buck
post Sun, 21 Jul 2013 - 18:51
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Thank you so much for your response. May I ask another question.

My gf is willing to be a witness to the fact that I gave my car back for her to use in order to find work after being told of redundancy and that I had no use of the car at the time of the offenses. After days and days of me grilling her, she is now saying she can't remember if she drove it on the days in question or not....!!! She did then say, If she tells the court that she had the car during the alleged offenses, would they then come looking for her...?

I showed her the comment above:

"Naming the driver is largely irrelevant now (and you don't need to do it now) as the offence is complete and they cannot pursue the driver due to the statute of limitation. (6 months from the offence)"

My question is, As the NIP was actually received in time at my address, even though I was not made aware of any post as planned, is there a chance that it can still be within the time period for them to send a new NIP to her? I am aware that I am in court to answer FTF but can the prosecutor then call for a new NIP to be sent in order to disclose my gf's name?

Thank you in advance.

Sincerely

Royston
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andy_foster
post Sun, 21 Jul 2013 - 19:15
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When an s. 172 requirement is served by post, subject to the statutory defences, you commit an offence if you do not provide the information within 28 days beginning with the date of service. As others have already said, this is the live issue. As the alleged speeding offence was more than 6 months ago, as you have already been told it is too late to prosecute the actual driver.

The applicable statutory defence is that it was not reasonably practicable to provide the information. This is primarily because you were not aware of the requirement to provide the information. There is case law that upheld a decision from a magistrates' court to the effect that in that case it would have been reasonably practicable for the RK to have put measures in place to ensure that he was made aware of any such requirements, but if you reasonably assumed that your gf would have forwarded any such requirements to you, then as far as you were aware such arrangements were already in place.

Arguably at the material time, for the purposes of s. 172, you were not the person keeping the vehicle. Therefore your obligations as any other person would merely have been to provide any information that was in your power to give and that might lead to the identification of the driver. It seems debatable whether the requirement to provide information under s. 172 remains valid after a summons for failing to provide such information has been served. As the legislative purpose of the s. 172 requirement is now moot, I would suggest that there is little point in responding to the requirement now.


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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Logician
post Sun, 21 Jul 2013 - 22:28
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It does not matter that the NIP was served in time, your GF cannot be prosecuted for speeding because no information about that offence has been laid within six months of its date and therefore no summons has been served on her. She can tell the police she was driving and admit the speeding, but still nothing could be done about it.


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