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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I have received a court summons regarding a speeding fine dating

Customer Question

I have received a court summons regarding a speeding fine dating back to 2010. I knew nothing of the original fine as I never received any correspondence about it. I only became aware of it some months later when I contacted the DVLA to update the address on my driving licence. I then attended Birmingham Magistrates' Court in January 2012 and signed a statutory declaration to confirm that I knew nothing of the speeding fine and that is why I had not provided any driver details. I have now received a court summons regarding this and have been asked to submit a plea. How should I proceed? Thanks.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Do you have any points?
Customer: replied 3 years ago.

FOR JOMO1972

 


No points.

Expert:  Jo C. replied 3 years ago.
Why didn't the dvla have the right address for you?
Customer: replied 3 years ago.

FOR JOMO1972


 


Because I moved house, that's why I contacted them to update my address.

Expert:  Jo C. replied 3 years ago.
How quickly did you contact them after moving?
Customer: replied 3 years ago.

FOR JOMO1972


 


I can't remember exactly but I would guess it was approximately 12 months. The reason I left it so long was that I had four family bereavements during this time, including both of my parents.

Expert:  Jo C. replied 3 years ago.
Ok. You did well to get them to accept the stat dec then.

Were you speeding?
Customer: replied 3 years ago.

FOR JOMO1972


 


Well I don't remember the actual incident but the police have sent me the photograph taken from the speed camera so I guess I must have been yes!

Expert:  Jo C. replied 3 years ago.

Yes, the vehicle is likely to be have been speeding if it was captured.

Were you the driver?

Also, have you been sent a S172 form demanding details of the driver?
Customer: replied 3 years ago.

FOR JOMO1972


 


I never received any correspondence about it at all so I was completely unaware of the offence. The summons is for the speeding, plus the fact that I didn't provide any driver details, obviously because I never received the S172 form. I understood that was the reason for me having to sign the statutory declaration over a year ago.

Expert:  Jo C. replied 3 years ago.
Ok.

So were you driving?
Customer: replied 3 years ago.

FOR JOMO1972


 


Well as I said I don't actually remember the incident but I don't lend my car out to anyone so it must have been me driving, yes.

Expert:  Jo C. replied 3 years ago.
You have various options that depend on the level of risk you want to take.

If you go to court and plead guilty then you would almost certainly be treated as though you had been given the fixed penalty fine given the circumstances.

Equally though, if the facts are as you say, they have no evidence that you were driving and if you are not charged with failing to identify no drop down position. You could have a trial on the point and invite them to prove the matter and if things are as you say you should win.

Hope this helps.
Customer: replied 3 years ago.

FOR JOMO1972


 


Thanks. So given my circumstances, would it be better for me to plead not guilty to both charges, rather than guilty to the speeding but not guilty to failure to provide driver information?


 

Expert:  Jo C. replied 3 years ago.
I thought you we just charged with speeding?
Customer: replied 3 years ago.

FOR JOMO1972


 


No, I thought I did mention earlier that the summons is for 2 things, speeding plus not providing driver details (which was because I never received the form)

Expert:  Jo C. replied 3 years ago.
But didn't your original stat dec cover that?
Customer: replied 3 years ago.

FOR JOMO1972


 


Yes, the stat dec states that I did not find out about the case until 29th December 2011, as there had been a court hearing about it on 30th August 2011. The speeding incident happened on 2nd December 2010. It also states that I only found out about it after contacting the DVLA, who then informed me that I had been disqualified from driving after receiving 6 penalty points for an offence I was not aware of.

Expert:  Jo C. replied 3 years ago.
If you offer a plea to speeding then they would probably accept that.

Failing that you could have a trial on the basis that you didn't get the original s172 form and so are not guilty of failing to provide.

Delighted to continue with this but please rate my answer

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