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Headandshoulders
Could I have some help with the following please?
  • On 18 April 2009 I was caught by a mobile speed camera driving at 49mph over the 40mph limit.
  • A Notice of Intended Prosecution was posted to the DLVA registered address for my vehicle on 22nd April 2009 asking me to provide information under s172 of the Road Traffic Act 1988.
  • A reminder was sent to the DVLA registered address for my vehicle on 14th May 2009.
  • A summons was sent on 24th June 2009
  • The hearing took place in my absence on 15th July 2009 and I was convicted of failing to give information relating to the identification of the drive of the vehicle. The fine was £525 plus £60.00 costs, £15.00 victim surcharge and 6 points on my licence
The reason I failed to reply to the Notice of Intended Prosecution was because all of the above were sent to my previous address - I had failed to update the DVLA when I moved house. I updated my driving licence but did not send off the V5 form...a mistake for which I am entirely at fault.

Then

  • I found out about the conviction on 26th July 2009
  • I attended court to make a statutory declaration that I had never received the summons and was in ignorance of the proceedings therefore could not be convicted in my absence - the magistrate accepted this
  • I have now received a further summons for a failure to give information relating to the identification of the vehicle with a hearing date of 21st Sept 2009
The queries I have are:

  1. Is it worth speaking with the prosecution and advising them that I can now give the information they require i.e. that I was the driver of the vehicle? Would this ever result in the s172 charge being dropped?
  2. If I mention my failure to update the DVLA of a change of address, am I at risk of being charged for that as well?
  3. Is the original speeding offence still active? Will I be pursued for that after the s172 offence has been resolved?
  4. Given that it was my fault I failed to update the DVLA meaning that I failed to give the information relating to the identification of the vehicle, is it worth pleading guilty by post and putting forward mitigating circumstances?
Thank you.

southpaw82
QUOTE (Headandshoulders @ Sun, 23 Aug 2009 - 11:58) *
Is it worth speaking with the prosecution and advising them that I can now give the information they require i.e. that I was the driver of the vehicle? Would this ever result in the s172 charge being dropped?
Have a look at s. 172(7)(b) of the Road Traffic Act 1988:

the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.

QUOTE
Is the original speeding offence still active? Will I be pursued for that after the s172 offence has been resolved?


Does it appear on the summons? If so, then you can be convicted of it. If not then they'd have to lay an information within six months of th eoffence date (in April 2009) in order to get a summons raised.



Headandshoulders
Thanks for your reply.

The speeding offence doesn't appear on the summons.

I have spoken with the CPS and they told me to turn up at court and it is likely the mags will understand that it was a mistake. Not sure if I need representation or not.

I think I'll try again with the CPS and try to get them to drop it before the court hearing.

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