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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just received a summonds to court for failing to provide

Resolved Question:

I have just received a summonds to court for failing to provide driver details, I have never received any documents other than this today , the offence was back in July last year ,
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Are you the registered keeper of the vehicle please?

Alex Watts :

Is the address correct?

Customer: Yes and yes
Alex Watts :

So you never had the notice of intended prosecution?

Alex Watts :

And you did not get a reminder?

Customer: Nothing at all until today
Alex Watts :

I assume this is a private vehicle not commercial?

Customer: Private
Alex Watts :

Does anyone else have access to your post?

Alex Watts :

Does your post get mis-delivered?

Alex Watts :

Do you have historic postal problems?

Customer: It's a rented property, since a bunch of flats where built in the road at 476a we are at 478, post does goes missing or mis delivered from myself and the neighbours from time to time
Customer: Were built*
Alex Watts :

Ok - if you plead or are found guilty then this is a mandatory 6 points

Alex Watts :

If you are found guilty there will be Court costs of several hundred pounds.

Alex Watts :

However the Prosecution must show that you were sent the document.

Alex Watts :

I imagine they will have a certificate of service showing the documents were sent and the process for that.

Alex Watts :

You would therefore need to show that, on balance, you did not get the document.

Alex Watts :

Not only would you have had an NIP but also a reminder.

Alex Watts :

If you can show evidence, on balance there are postal problems then you stand a reasonable chance of being acquitted.

Alex Watts :

If you can get something from Royal Mail, or your counterpart at 476a to give evidence then it would be useful

Customer: They have included the document asking for details showing the last date of communication from them as the 1/8/13
Alex Watts :

As that person can confirm that post does go astray.

Alex Watts :

Further if you have a partner, they can confirm that post goes missing.

Alex Watts :

In short you would need to show on balance that you did not get the document and therefore could not have sent it back

Alex Watts :

Yes. That is likely to be the reminder.

Alex Watts :

But if you contest it, this is what you need to show - on balance you did not get it

Alex Watts :

But you should really have some evidence of this

Alex Watts :

Can I clarify anything for you about this today please?

Customer: And the length of time between communication does that have any bearing ??
Alex Watts :

I do not quite understand - they are saying you contact them in August?

Customer: No .. The offence was in July 2013 ..
Alex Watts :

Ok - what is period on summons and what is date of information?

Customer: The date on the summonds was witnessed yesterday 18/2
Customer: There is also a vq5 dated 30.10.13
Customer: There is also photographic evidence showing rear of vehicle signed and dated 10/2/14
Alex Watts :

What is the period alleged on the summons. It will say between x and x

Alex Watts :

Then you should have a date of information on the summons

Customer: Between 05/8 and 02/9
Alex Watts :

Ok - then the summons is in time.

Alex Watts :

They have 6 months from 2/9/13

Alex Watts :

Can I clarify anything for you?

Customer: So if i plead not guilty do I need a solicitor , given all I have stated
Alex Watts :

No - its only a fine plus points, plus £85 costs

Alex Watts :

But you do not need to plead guilty if you did not get the documents and you can show that you have problems with your post.

Customer: Ok .. So when I send off my not guilty plea, do I need to send driving licence ??
Alex Watts :

No, not at this stage.

Customer: Ok thank you .. Very helpful
Alex Watts :

The matter will be set down for a hearing. You need to say whether you want the person that sent the NIP out

Alex Watts :

You probably don't need them to attend Court if you didnt get it.

Ash and other Law Specialists are ready to help you

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