Help - Search - Members - Calendar
Full Version: worried
FightBack Forums > Queries > Speeding and other Criminal Offences
ash malcolm
Hi
I got caught speeding in a hire van and got informed by the company I was working for at the time and they said my details had been passed to the police, thing is I never recieved anything off the police at all id forgot all about it to be honest and then I got a letter to go to court in leeds because id not responded to them even though id hadnt received anything so I went to court on the 21st of june and they decided to have a trial on the 17th of sept,

I already have 3 points on my licence
And if I get found guilty of not responding thats another 6
then the other speeding is 3

so am I going to be banned?
Im really worried because I drive all over the country for work and I would lose everything so I wouldnt risk ignoring it intentionally

I also had the same thing happen before this so they will think ive done it on purpose ,because the vans arent owed by the company I can only think there has been a misunderstanding in me getting the nip as it has to go through to the hire company then them I ust to work for thwn me?

Any help or advice would be appriciated as im starti g to really stress about it
thank you
ash
peterguk
Have you checked what home address your employer has on record for you?
ash malcolm
I havent but, they sent me letters and invoices so they have the right one and the other time it happend was a diffwrent company
ash malcolm
Also will the court even go as far as contacting the company I ust to work for?
NewJudge
So have you pleaded Not Guilty to failing to provide driver's details?
The Rookie
For an S172 offence the Police will have to produce the requests sent as evidence (well a copy of) that will show the address they were sent to. It doesn't really matter what address the employer gave (unless there was an element of you deliberately trying to mislead), so if it was sent to the wrong address you have a clear defence of 'not reasonably practicable'.

It would be unusual for the S172 not to be sent with the summons as evidence, what do you have?
ash malcolm
Yes not guilty


QUOTE (The Rookie @ Mon, 24 Aug 2015 - 13:16) *
For an S172 offence the Police will have to produce the requests sent as evidence (well a copy of) that will show the address they were sent to. It doesn't really matter what address the employer gave (unless there was an element of you deliberately trying to mislead), so if it was sent to the wrong address you have a clear defence of 'not reasonably practicable'.

It would be unusual for the S172 not to be sent with the summons as evidence, what do you have?



I have an email off them saying

ash I have supplied your address over to the police as you was caught doing
67 in a 50 zone
I never heard a thing about it after this for 3 months then just got a court letter
The Rookie
We cross posted, do you have a copy of the S172 request?
ash malcolm
QUOTE (The Rookie @ Mon, 24 Aug 2015 - 13:28) *
We cross posted, do you have a copy of the S172 request?


I have nothing off anyone just an email saying ive been caught no details nothing
StuartBu
QUOTE (ash malcolm @ Mon, 24 Aug 2015 - 12:34) *
QUOTE (The Rookie @ Mon, 24 Aug 2015 - 13:28) *
We cross posted, do you have a copy of the S172 request?


I have nothing off anyone just an email saying ive been caught no details nothing


So there was nothing attached/enclosed with the Summons you received ?
peterguk
QUOTE (ash malcolm @ Mon, 24 Aug 2015 - 13:34) *
QUOTE (The Rookie @ Mon, 24 Aug 2015 - 13:28) *
We cross posted, do you have a copy of the S172 request?


I have nothing off anyone just an email saying ive been caught no details nothing



QUOTE (ash malcolm @ Mon, 24 Aug 2015 - 12:05) *
I got a letter to go to court in leeds


What have you received so far, and from who?
ash malcolm
I receoved an email from the company I work for saying id been caught on the 18.11.2014 no thing else no copy of the letter from the police heard nothing else until
I received a letter from court on the 23.5.2015
I went to court and pleaded not guilty to failing to supply details to them
and its gone to trial on 17.9.15

the judge did say to think about if it was me driving but I dont even know where or when I got caught
The Rookie
Go back and read what has been posted and try again, the summons will normally have a summary of the evidence and usually a copy of the S172, so what EXACTLY was included with the summons.
ash malcolm
Just read summons letter and it says I was caught in leeds bradford but that os it no other info
Ive had nothing apart from the info on the summons letter
The Rookie
Is there a witness statement at all stating that an S172 request was sent to you at all?

Is the summons just for S172 or for speeding as well?
ash malcolm
QUOTE (The Rookie @ Mon, 24 Aug 2015 - 15:15) *
Is there a witness statement at all stating that an S172 request was sent to you at all?

Is the summons just for S172 or for speeding as well?



The summons is for not responding to them
So the speeding will be a different case?
Jlc
There won't be a speeding case if they can't prove who the driver was...

You can either defend the s172 as you are or potentially look at 'bargaining' the s172 charge to the underlying speeding offence - but only if you were driving. However, in this situation it's worth exploring why you didn't receive any paperwork about the offence as it appears on the face of it you have a chance of defending this allegation. (trouble is the price of failure is 6 points)

The key part of your defence is that you cannot respond to something you didn't receive. In the normal course of events the company should have named you as the driver (they appeared to have done so?) and you would have been sent your own NIP/s172 to confirm the driver. (It would have given the location and date/time)

It appears something went wrong in this process and the letter did not arrive. However, if this process was correctly done by them then you will have to rebut the presumption of delivery which can be difficult. Did they give the correct address or do you have regular mail issues for example?
ash malcolm
I dont know what I can say to be honest ive not received anything from the police so I dont know what im going to do im just going to hafto go to court and stick to the ive not received anything and see what happens, I cant admit to something ive not known about

the judge did say I want to think about if it was me driving so looks like they could try and get me to admit to speeding then and sort that there and then? I could argue its a hirevan but if that dos happen id prefer 3 points than 6

Im knackered if I lose my license id lose my job straight away
The Rookie
Please read the summons carefully and type out exactly what the charges are, it would be unusual for speeding not to be on their as well.
ash malcolm
QUOTE (The Rookie @ Mon, 24 Aug 2015 - 16:08) *
Please read the summons carefully and type out exactly what the charges are, it would be unusual for speeding not to be on their as well.


Im at work now but its definitely not on their I tried to exllain to them about the van because Im not 100percent was me and the judge said its nothing to do with the speeding its failing to respond and supply details
The Rookie
Have you been given a trial date yet?
ash malcolm
Yes its the 17th of sept
The Rookie
Have you had anything from the CPS detailing evidence used and unused? That would normally be with you by now or at the very least by the middle of next week.
ash malcolm
QUOTE (The Rookie @ Mon, 24 Aug 2015 - 17:40) *
Have you had anything from the CPS detailing evidence used and unused? That would normally be with you by now or at the very least by the middle of next week.


No I havent received a thing from them should I have?
nosferatu1001
YEs. How are you meant to know what their evidence is if they dont send it? It gives you a chance to rebut anything wrong.
Josho
I received nothing in the post after my hearing. Was verbally told to attend court on x date and that was the last I had heard!
nosferatu1001
So ring the court, and find out if they have the evidence list. Could just be lost in the post
Sparxy
QUOTE (nosferatu1001 @ Mon, 31 Aug 2015 - 12:02) *
So ring the court, and find out if they have the evidence list. Could just be lost in the post


Or alternatively the address they have for the OP is wrong, and therefore any S172 requests, summons, evidence packs, etc, are also going to have been wrongly delivered.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.