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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 777
Experience:  Solicitor with over 15 years experience.
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I am contacting you regarding a traffic offence. My daughter

Customer Question

I am contacting you regarding a traffic offence. My daughter was sent a notice of intended prosecution for driving 34 mph in a 30 mph zone on 1/9/14 and reminder on 23/9/14. She has now received a summons to appear in court for the original offence and for failure to provide information regarding who was driving at the time. The mitigating circumstances of these events are that she was away when the first letter arrived and went straight off to university on the 12/9/14 and it got lost amongst all the paperwork she needed to enrol and regarding her bursary and student loan. I accidentally put it in a in a folder containing all her official I.D, D.B.S, and qualification certificates in order to keep them safe. She did not come home then until October when she read the second letter and replied. We didn't have stamps in the house so she asked me to post it for her which I am sure I did - but did not send as a special delivery. We then both forgot about it. This is really all my fault and I feel dreadful as any criminal record will affect her future and feel that I should take any blame. She is understandably very distressed. The thing is that last year was really bad as my son was diagnosed with serious mental health problems and along with a diagnosis of a disabling condition for myself left me in very bad way. I had to take 3 months sick leave over that period in question and forgot or misplaced lots of other stuff as well including my part of her bursary application which led to late payment to her. I have also struggled with other things such as finances and got into an awful mess which is slowly being addressed. What I would lke to know is whether there is any way in which I can accept responsibility for this rather than my daughter who is altogether an amazing young person who trusted me to give her the mail when it arrived and to post her reply properly -tasks which under normal circumstances I could have carried out easily and well within reasonable expectations for a 19 year old to have of her parent.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Customer:

Hello, I am a solicitor with 20 years experience. I will try to help you with this.

Customer:

I am afraid that as far as the failing to notify the driver's details is concerned this is unlikely to amount to a defence, unless she had moved out and given the DVLA her new address details before the incident occurred. If the arrangement was that you would forward post to her and this did not work -regardless of why- then there is no defence.

JACUSTOMER-z0c7qxym- :

Thank you. I would appreciate that as I am really struggling to cope.

Customer:

However in terms of being a criminal record, it is not a record that will cause problems other than increased insurance premiums for a while. It might be an idea to arrange representation at court for her as a solicitor will be able to keep down the number of points and may be able to make representations about whether it is in the public interest to proceed.

JACUSTOMER-z0c7qxym- :

I don't feel that you grasped the point that she did reply but we did not get it recorded and feel it would have been better to go to a local firm. Would she be entitled to legal aid for example? Is there any alternative to attending court? I seemed to wait quite a while for a very basic response.

JACUSTOMER-z0c7qxym- :

There is an indication that the expert is now offline and the time I have available is limited. I therefore intend to seek better service elsewhere and do not agree to this payment being made.

Customer:

OK sorry I misread that. Yes if you are confident that you sent it, and that was within the time limit then there is a defence to the failure to indentify case. I assume your daughter is the driver and she accepts that she was speeding. She should attend court to answer the summons and plead guilty to the speeding but deny the failure to identify.

Customer:

The second warning is often sent outside the time limit for responding to the original request for details so it may be that she does not technically have a defence. However, if she attends court with a solicitor it is very likely that they will be able to negotiate with the prosecution so that if she pleads guilty to the speeding and the solicitor explains about the notices that they CPS will not proceed with that matter.

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