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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70181
Experience:  Over 5 years in practice
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motoring offence query

Resolved Question:

motoring offence query
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

hello Jo

I moved out of my old address in early January this year, however when i went back there to help my old house mate to move out as well, i received saw 2 court letters stating that the police have requested for me to provide details of who was driving my car on 4 occasions and i have failed to provide the details hence court proceedings have been filed against me.

do i have a case since my car is registered to my permanent address and the letters where not sent there ?

i have bank statement which proofs that i moved to my new place in January and all other driving offence letters have always gone to my permanent address.

Expert:  Jo C. replied 2 years ago.
When did you tell the DVLA that you had moved?
Customer: replied 2 years ago.

my address with DVLA is my permanent address which as never changed but the letters were sent to another address which was my temporary address.

Expert:  Jo C. replied 2 years ago.
Was that registered with the DVLA?
Customer: replied 2 years ago.

yes my log book is registered to my permanent address where they failed to send the letter to.

Expert:  Jo C. replied 2 years ago.
Are you the registered keeper of this car?
Customer: replied 2 years ago.

yes I am the register keeper of the car

Expert:  Jo C. replied 2 years ago.
On the face of it then, it would seem to be improper service. There must be more to this though. The police just use the address registered at the DVLA. I prosecute all the time and I've never seen a case where they issue to a third address.
In any event, if you didn't receive the NIP and S172 requests then that is a defence to the charge of failing to identify. There is case law to the effect that a motorist should keep tabs on their post while away although that often is not enforced so it might be worth a run.
Can I clairify anything for you?
Jo
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

sorry to disturb u again Jo

so with what i have told u, do you think i need to get a lawyer when i go to the court or I can just go there with the evidence i have in my hand to show that i never received the notice. do i still need to respond to the driving notice which was more than 6months ago ?

Expert:  Jo C. replied 2 years ago.
Its too late to put this right now by naming the driver.
It is always better to get representation but it does rack up costs obvioully.
Customer: replied 2 years ago.

thanks

just in case i was considering this, how much will i have to pay to get a representative ?

Expert:  Jo C. replied 2 years ago.
Depeneds on their experience but ususally between £300-£500.
Customer: replied 2 years ago.

thanks Jo

left you a good service comment because i believe we all have to leave room for improvement hence why i didn't leave you a excellent service feedback. you have a lovely day and keep up the good work.

Expert:  Jo C. replied 2 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/