Help - Search - Members - Calendar
Full Version: section 172 offence
FightBack Forums > Queries > Speeding and other Criminal Offences
lancashireblue
I will try to keep this short rolleyes.gif
firstly I moved house in july 09 and on doing so i changed my address in july 09 with everyone.. i.e dvla my employer etc...
on 6-10-10 i got a letter from dvla saying the had been told by a court that i was banned from driving. ohmy.gif ohmy.gif ohmy.gif
on ringing the court i was told that i had been sentenced in my absence to a 6 month ban (totting up) and a fine of nearly £1000 when i asked why i was told it was for failing to provide driver information. they were unable to tell me what the origional offence was for. at this point i asked what address they had me at and it was my old address.

anyway (still in shock) i made a statuary declaration on 15-10-10- to clear my name as i knew nothing of the proceedings as for some reason all correspondance had been going to my old address presumably due to a cock up from the company i worked for.. which has since gone bust.

now the pollice have my address..
i have since found out that the offence origionally was for speeding on 8-10-09 nearly 4 months after i moved house huh.gif
i have since recieved a requisition to appear in court charged with failing to give information on the identity of the driver.. on 24 november 10 in which i went not guilty by post i have now been given a trial date at the end of jan2011

in my opinion to commit an offence of not supplying driver infomation you have to have been able to commit the offence (how could i have committed the offence if everthing has been sent to my old address and i only found out by a courteous letter from the dvla who had my correct address?)


what is the likely outcome of my case??????
Logician
After you made a statutory declaration on 15.10.10 the original proceedings were presumably set aside, but what happened next, did you receive any further correspondence? Since you are now charged with failing to provide information on 24.11.10 that carries the implication that a request was made to you 28 days previously, because you have 28 days to comply with such a request. Are you aware of receiving a request to name the driver dated at the end of October 2010?
ford poplar
You need to write down a clear timetable of events for the Court.
Was offence committed in Company or personal vehicle?
Why would employer receive letters addressed to you as a private individual?

Date you moved out of old house
Date you moved in to current property
Date you sent off DL and V5C for own vehicle to DVLA DocRef date on V5C will show when address shown was registered. When did you get them back?
Take DL and V5C to Court as evidence changes were notified and actioned

You need more info on the original speeding charge, location etc and where was the original NIP sent, who supplied your address and when. (3 months after you say address changes were notified) Pref copies of everything the Police will provide. Also Court summons for totting ban.
If your timeline is accurate, you would appear to have a defence to FTF and failing to attend and the original speeding allegation is almost out of time but questions may be asked in Court in Jan 11.
lancashireblue
yes the origional proceedings were set aside, and as i say the next thing through the door was the requisition which goes something like this:


you are charged with the offence(s) on page 2
on 24 november2010 at 0945

page 2
charges:-
(1) on 08 december 2009 at winsford, having been required by or on behalf of the chief officer of police for cheshire, failed to give information relating to the id of the driver of a vehicle, namely a make reg, who was alleged to have been guilty of an offence.

contrary to section 172(3) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988 (rt88567)

(this offence carries penalty points)


then a load of slava about what to take to court smile.gif



cheers wink.gif


to popular ford: i have already got everything you mention it was the first thing i did as like i say it all came as a big bombshell in october just gone. the said vehicle was a lorry and it could have been any number of people.. i dont know they came up with me being the driver either because they never kept records of run sheets and the dick of a transport manager never once took tacho records from me or anyone else for that matter so for him to put my name to the speeding charge is a bit frustrating. especially as it is over 12 months ago now..
Logician
Things are now becoming clearer!

Is it the case that you are assuming that your former employers received a request to name the driver of one of their vehicles, [edit] alleged to have committed an offence on 8.10.09, and they named you and gave your previous address, despite you having told them your new address? This then resulted in all correspondence being sent to your previous address and none of it was forwarded on to your correct address?

If this is so, you have a complete defence to the charge, since it would not be practicable for you to reply to a request you never received, and that is a statutory defence to the charge. What you have to do is assemble all available evidence that supports you case, as ford poplar has said. The original speeding charge has timed out and is no longer relevant, so you do not need to worry about that.

The prosecution should supply copies of the documentation sent to you, which will show that your old address was used. You need to provide the timeline and documents ford poplar has mentioned. In addition it would be useful if you could provide evidence that you told your employers your new address when you moved.
lancashireblue
exactly as you have said logician.... i have all copies of everything... they even sent a statement from the woman in central central ticket office mail room saying she posted nips and reminders to my address (old Address)as if to make me out a liar. i have no doubt they have sent everything out correctly (to the wrong place)


cheers
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.