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Advice wanted on failing to provide driver details
dreamz
post Sun, 13 Feb 2011 - 04:57
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I'm a bit stuck and not sure what i can do

I received a court summons for failing to provide driver details for a speeding incident.

Now at the time I had tenants in my flat and they'd borrowed by vehicle. when the initial speeding letter came i passed it onto them and they'd fill it out

however they didnt and now i've got this summons. they have since moved on and i've not been able to track them. i've even been out and about where in the area they moved to hoping that they maybe seen (rather futile i know)

naturally i'm going to mention this to the court but what else would i need to show that i have tried to find them?

any advice would be appriciated

Many thanks.
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post Sun, 13 Feb 2011 - 04:57
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jobo
post Sun, 13 Feb 2011 - 05:10
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sorry mate, but you failed at the first hurdle, in that its yoiur form to be filled in by you, it even said on it, dont pass it on to anyone else,, you should have named them on the form and then they would have got their own,, finding them now is pointless, unless you thinking of puching them ? as it wont in anyway help your case

im supprised you wernt sent a remminder

as it is, on the info your just given i can only recommend your plead guilty to keep the fine down a bit


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dreamz
post Sun, 13 Feb 2011 - 06:50
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yeah i have done as much as i dont think i'll trace the ******.

sad.gif i got the appearence on friday
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justforthepictur...
post Sun, 13 Feb 2011 - 08:28
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QUOTE (dreamz @ Sun, 13 Feb 2011 - 06:50) *
yeah i have done as much as i dont think i'll trace the ******.

sad.gif i got the appearence on friday

Given the chain of events, you don't exactly have a raft of options available to you.

Attend the court, dress smartly and clearly explain the situation that you messed up and handed the paperwork on without fully understanding your responsibilities or the implications. This usually equates to six points and a chunky fine.

Do you currently have any points?


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jimster
post Sun, 13 Feb 2011 - 08:46
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QUOTE (dreamz @ Sun, 13 Feb 2011 - 06:50) *
yeah i have done as much as i dont think i'll trace the ******.

sad.gif i got the appearence on friday



Won’t make you feel any better … but the form would not have been acceptable even if they did fill it in and send it back.

Your ex tenant did absolutely nothing wrong by ignoring the form.

Most people would have done the same if presented with a gift like that





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Gan
post Sun, 13 Feb 2011 - 09:32
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Agree with all previous comments.

The form was addressed to you with instructions NOT to pass it on.

Guilty plea should get the fine below £500 but it's still 6 points.
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johnjo42
post Sun, 13 Feb 2011 - 11:09
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As a matter of interest were the tenants insured to drive your car? If not, you could have been looking at a no insurance charge had you named the tenant as the driver
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dreamz
post Thu, 17 Feb 2011 - 10:07
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thanks for the responses guys

the ******* tenant has done this twice to me. i sent in a guilty plea last time but i dont think it got there in time. whcih is why this time i'm bricking it cause it would mean a ban. 6 points the last time

i had 3 points from a genuine speeding - then within a period of a month whilst he's been with me he's been flashed and promised to sort it out.

i know i've been stupid and naive i hold my hands up with that.

johnjo - yes he was insured he had his own vehicle which was a bit of a banger and iIRC it was broken down at the time.

going to get home early from work - get it all down - with my night time work and kids who req hospital that i need to have my licence.
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peterguk
post Thu, 17 Feb 2011 - 11:31
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QUOTE (dreamz @ Thu, 17 Feb 2011 - 10:07) *
johnjo - yes he was insured he had his own vehicle.


Means nothing. He would need to have a fully comp. policy on his vehicle AND a D.O.V. cover included. Less and less insurance companies are including D.O.V. cover.


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johnjo42
post Thu, 17 Feb 2011 - 18:53
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QUOTE (peterguk @ Thu, 17 Feb 2011 - 11:31) *
Means nothing. He would need to have a fully comp. policy on his vehicle AND a D.O.V. cover included. Less and less insurance companies are including D.O.V. cover.

And they are often changing the policy terms on renewal without telling the insured person. I had a case where this happened. The insurers agreed that they hadn't told him when renewing and also that they would have restored the DOV cover if they'd been asked without any increase in premium
JJ
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dreamz
post Sat, 19 Feb 2011 - 01:17
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Just want to say

had my court today and got the lovely 6 points on my licence taking me up to 12.

they asked me about hardship i said i was a doorman (which i am!) and need to take my kids to hospital (which i sorta do) hence it would adversely affect not just me but more so

lovely £255 fine

interestingly though - i dont think they even bothered to read what i'd wrote down on my statement - none of it got mentioned
interesting point 2 - i had 3 points from dec 2009 6 points from jan 2011 and now 6 points again but in court he just said the defendant has 6 points already so taking his tally up to 12. dunno what happened to the other three.

final point of interest - is there any point going in smartly??? the number of people there that looked like they got dragged straight from chavs'r'us was unbelievable - i felt incredibly over-dressed in a shirt and tie.

but thanks for the advice above guys - really appriciated it!
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Logician
post Sat, 19 Feb 2011 - 01:24
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So did you get banned or not?


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Pancras
post Sat, 19 Feb 2011 - 07:43
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QUOTE (dreamz @ Sat, 19 Feb 2011 - 01:17) *
final point of interest - is there any point going in smartly??? the number of people there that looked like they got dragged straight from chavs'r'us was unbelievable - i felt incredibly over-dressed in a shirt and tie.

Always. The magistrates are used to dealing with the Jeremy Kyle brigade for 95% of their time. Many motoring matters are dealt with by post. Standing out from the usual dross that they deal with might make then think 'this is a decent, working guy who we are dealing with' and cut a little slack.

I take it you wasn't banned then and thy just added points. If that is the case, you need to be careful until some of the points come off, because you have used your "Get out of Jail free" card! It is more difficult to persuade magistrates not to disqualify on each subsequent occasion...
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Logician
post Sat, 19 Feb 2011 - 11:18
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In fact the same exceptional hardship cannot be used again for 3 years.


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dreamz
post Sun, 20 Feb 2011 - 05:26
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sorry - no i wasnt banned.

the guy was quite explicit in saying i couldnt use the same excuse twice - tbh this was a one off never to be repeated now. all 12 points are from the same goon none for actual speeding.
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johnjo42
post Sun, 20 Feb 2011 - 11:07
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Excellent result but you are on eggshells now
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Aretnap
post Sun, 20 Feb 2011 - 12:42
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Well done, but you're going to have to drive like a nun for nearly three years now. Get yourself a sat nav with speed camera warnings, but don't rely on it. Stick to third gear in mind built up areas, and use cruise control on motorways. If you don't have cruise control, a car which does may be a good investment.
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johnjo42
post Sun, 20 Feb 2011 - 18:24
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QUOTE (Aretnap @ Sun, 20 Feb 2011 - 12:42) *
If you don't have cruise control, a car which does may be a good investment.
Or you could look at your speedometer
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Logician
post Sun, 20 Feb 2011 - 23:12
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And don't lend your car out!


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The Rookie
post Mon, 21 Feb 2011 - 10:11
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Get yourself a satnav with speed warnings, forget camera'skep your speed the right side of the limit at all times!

Next time read your post as well!

Simon


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