How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70651
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Hi, i am being prosocuted for failing to supply driver details

Customer Question

Hi, i am being prosocuted for failing to supply driver details following a speeding offence. Mu husband was driving and we are 100% certain we filled in the reminder notice & posted it . We are not disputing the speeding fine but I am planning to plead not guilty as I think I have made every reasonable effort to supply the info and there was no way for me to know that this was not the case until I received the summons. Are there any pitfalls to this defence? Also is there and issue with me not filling in the means tested section of the form. I have significant amount of income but also significant outgoings as well?
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.

What is the date of the original offence please?
Customer: replied 3 years ago.


September 28th 2013 - offence

8th Oct - first notice

5th Nov - reminder, which was the one we filled in.

 

My defense Summary

The reminder notice was filled in and posted. My husband has written a witness statement where he declares that it was posted.

 

I am a law aiding citizen as is my husband with an unblemished police record. I have a full-time position with a certain amount of responsibility; it is not in my interest or the interests of my family to break the law. I am distraught to be in this position.

My husband accepts the speeding charge and this is not in question. However, I plead not guilty to failing to supply the driver’s details as I feel I had made every reasonable effort to do so and there was no way for me to know this had not happen.

Expert:  Jo C. replied 3 years ago.
Did you submit it within 28 days of the date of issue?

Also, did it clearly and unequivocally name your husband as the driver?
Customer: replied 3 years ago.

 


The reminder notice(dated 5th Nov) stated that my husband was the driver and we believe it was posted within 48 hours of being received, We were not disputing who was driving so yes unequivically named my husband.

Expert:  Jo C. replied 3 years ago.
So the only words on the form were his name? With no qualification at all?
Customer: replied 3 years ago.


Yes only he was named.


I am not sure what you mean by qualification - we did not include and comments, questions or challenged anything.


 


The crux is they say I did not give the info I say I did and my husband is willing to testify that he posted the form which he filled in and I checked and signed as the log keeper.

Expert:  Jo C. replied 3 years ago.
That form that you placed in the post was the S172 form?

And that went off alone with no other documents at all?
Customer: replied 3 years ago.


Yes I think it was the S172, it was just the run of the mill, I don't think it asked for any additional info.

Expert:  Jo C. replied 3 years ago.
No, it doesn't but people often fill it with irrelevant information.

I suppose you didn't send it recorded delivery?
Customer: replied 3 years ago.


No just normal post

Expert:  Jo C. replied 3 years ago.
Have the Crown said whether they received that or not?
Customer: replied 3 years ago.

 


I am assuming they didn't recieve it and that is way I am being procecuted, in their evidence they submit a blank copy (the police copy) of both the first notice and the reminder notice. Both are signed by staff off and stated they posted them first class.


 


The Crown are accusing me of not supplying the info, they have not asked if I have sent it or have they said they did not receive it. There is no way for my to communicate with them and have this conversation.

Expert:  Jo C. replied 3 years ago.
Well, not necessarily.

There are usually three explanations for this. The first is that the forms weren't received. The second is that the forms were sent but they don't unequivocally name the driver. The third is that it was received and it was adequately completed but it was late.

If you say that you did complete the S172 form in the way you describe and it was sent out within 28 days then we can probably dismiss the second two.

The issue will be that they say they haven't received the forms.

In short, you will actually probably win on that basis. Normally they would accept a plea to speeding in exchange for discontinuing the failure to identify but if the driver was your husband not you then thats not available to you and they will be out of time to charge him.

The issue will come down fundamentally to whether or not they can prove that you didn't put it in the post.

The Crown will not have any evidence that you didn't send it. They will just be able to say that they didn't receive it.

You will have to give evidence on the point and obviously be reasonable credible on the point but since the Crown can't gainsay what you say on the point you would probably win.

Can I clarify anything for you?

Jo
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.


That is helpful thank you

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/