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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience:  Over 5 years in practice
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I Have just received a court summons for a speeding offence

Resolved Question:

I Have just received a court summons for a speeding offence that allegedly happened on the 11th July 13 I did not receive a letter or intention of prosecution at the time
What should I do
Thanks
Duncan
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Do the DVLA have the correct address for you please?
Customer: replied 3 years ago.

Yes I have lived at this address for 26yrs

Expert:  Jo C. replied 3 years ago.
Does the NIP say reminder on it anywhere?
Customer: replied 3 years ago.

Not that i can see,t looks like two summonses one for the speeding and one for not supplying driver details

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

Its a summons then.

Whats the date of it?
Customer: replied 3 years ago.

4th feb 14

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

Would you have been the driver?
Customer: replied 3 years ago.

yes

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

You will probably win this but you will have to go to court.

You have two options. The first is to go to court and offer a plea to speeding alone. They would probably accept that. I used to prosecute traffic courts all the time and where a plea to speeding is on the table its rare that the Crown pursue the failing to identify the driver. That is the safer course of action overall.

The second option though is just to go to court and fight the whole thing. They have no evidence that you were speeding because they can't prove that you were the driver and the S172 form doesn't apply anymore. The problem with it is that you have to go into the witness box to contest the failing to identify and then you will probably be asked about the speeding offence which can only be answered truthfully. Sometimes the Crown will drop the speeding before the trial begins but it can't be relied upon.

On the failing to identify though, you will probably will. The Crown will have evidence that a S172 was sent out by post but not by recorded delivery and all that proves is that it was sent rather than that it was received. Obviously you have to be reasonably credible on the point though.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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