Help - Search - Members - Calendar
Full Version: Court Summons - Failing to provide details of driver
FightBack Forums > Queries > Speeding and other Criminal Offences
apna
During April I received a NIP for travelling 44 mph in a 30 mph zone, I asked for photographic evidence as I was not sure who was the driver (me/or wife) and I received a photo from the rear so unable to identify driver. I then decided to complete the NIP with my details as the driver but also included a covering note to state something like ..."Although I have completed NIP with my details as I was the responsible owner of the vehicle, but please note that I feel that I have been pressured into admitting to this, as I am truly not sure who was the driver at the time as it was the first time on that road and I have no indication still where the incident took place..."

During the last few days I have now received court summons on the basis that I failed to provide details of the driver.... But that is not true, as I signed the NIP with my details but also included a note as above.

I would be grateful if someone could advise on this..

Shall I plead not guilty by post (as court is over 3 hours drive from home) to say that I did provide the details therefore the summons is not correct?

All advice appreciated.

Thanks
NeverMind
QUOTE (apna @ Tue, 3 Nov 2015 - 15:12) *
During the last few days I have now received court summons on the basis that I failed to provide details of the driver.... But that is not true, as I signed the NIP with my details but also included a note as above.


Unfortunately the response has to be unequivocal. And yours was not. You can't say "it was me, but it wasn't me" and expect that to be the end of it.

QUOTE (apna @ Tue, 3 Nov 2015 - 15:12) *
Shall I plead not guilty by post (as court is over 3 hours drive from home) to say that I did provide the details therefore the summons is not correct?


If you do that you are almost certain to be found guilty.
The Rookie
You have shot yourself in the foot, the law requires an unequivocal reply and you rather foolishly made your reply equivocal and unacceptable.

Are you 'dual charged' with speeding as well? If so a 'plea bargain' on the day pleading guilty to speeding if they drop the S172 is the best bet.
Hassan2015
Really dpeends on how lucky you feel:

http://www.motoringlawyersonline.com/west-...s-details-case/

It is exactly the same as your case.

Worst case scenario: You are found guilty of both cases, probably given 9 pts ( although more than likely 6), and a hefty fine and costs of around £1000+ , or you are found not guilty.

Depends on how much you want to spend on it:

Pre bargain and you might only get FP equivalent ( 3pts, £100 fine and criminal court charges). If you have deep pockets, either get a solicitor to represent you at the magistrates knowing if you win you can't claim your full costs, or represent yourself at the magistrates, be found guilty and then go to crown court and appeal.


I had similar experience:

Went to mags, defended myself and got 6pts and £1000 fine and costs ( could have done a deal and would have been given FP equivalent).
Then appealed at the crown, costed me £500 of solicitor fees, but the pts where dropped to 3pts and £100 fine. Again I couldn't claim costs at the crown becuase we dropped one appeal ( speeding) and crown dropped the other ( FtF)

So it is up to you and if you have deep pockets.

In hindsight, I should have probably done a deal and taken the FP. Or even better I should have just rolled and send them my name and no letter, and got a SAC. But your case is different as it is too late for SAC now.

Jlc
As above but just to add that this is something you almost certainly have to attend (that) court to resolve.

You were not pressured into naming a driver - there is a statutory defence that if you can show with reasonable diligence you couldn't nominate.

An equivocal response is always going to go this way.
NewJudge
If you do manage to persuade the prosecution to revert to the speeding matter only you are unlikely to be treated to the Fixed Penalty equivalent. The reason the matter ended up in court is because you made an equivocal reply to the request for driver's identity. The FP equivalent is usually only imposed when it is not the fault of the driver that a court hearing was needed (for example, if his licence could not be sent in when accepting the FP because, say, it was with the DVLA for renewal or amendment).

In addition to an income based fine you will be liable for prosecution costs (about £85), a surcharge of 10% of the fine and a Criminal Court Charge of £150.
Kickaha
QUOTE (NewJudge @ Tue, 3 Nov 2015 - 17:44) *
If you do manage to persuade the prosecution to revert to the speeding matter only you are unlikely to be treated to the Fixed Penalty equivalent. The reason the matter ended up in court is because you made an equivocal reply to the request for driver's identity. The FP equivalent is usually only imposed when it is not the fault of the driver that a court hearing was needed (for example, if his licence could not be sent in when accepting the FP because, say, it was with the DVLA for renewal or amendment).

In addition to an income based fine you will be liable for prosecution costs (about £85), a surcharge of 10% of the fine and a Criminal Court Charge of £150.

Depends when in April it happened if they go for speeding.
Jlc
For any criminal offence on or after 13 April.
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 © 2001-2019 Invision Power Services, Inc.