Hello i have recieved a postal requisition for speeding 41mph in a***** My vehicle was registered to a address in London, which i ahd vacated. The speeding fine as well as the reminders went to that address and unfortunately i did not receive them until 25 feb 2015. The offnce had taken place in October 2014. I ahd moved to Manchester in September 2014 but did not have a regular address at that time. My court date ahs been set to 17 April 2015. I want to plead mitigating circumstances and do not wish to go to court. Please advise if this is teh way forwards?
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have any other points?
Hi Alex, Thanks for your help .My wife was driving and she doesnt have any points
Ok - but is it in your name or wife?
Its in my name, as the vehicle is registered in my name. My wife can drive and she ahs been named the second driver on this vehicle
Have you been asked to plead guilty by post?
yes i have been
Ok - then if the requisition is in your name you should only plead guilty if you accept the offence.
If you do not accept the offence then you should not plead guilty.
If you have been charged with speeding then you can plead not guilty.
The Police would then have to prove it was you driving in order to secure a conviction
Your wife can come and give evidence saying she was driving
Then you would be found not guilty
But you should only plead guilty if you accept the offence
Can I clarify anything for you about this today please/
If i plead not guilty as i ahd not been the driver at that would i have to go to court to explain what happened?
Yes. There would be a trial.
Cant i mention the circumstances in mitgating circumstances form and also let them know that infact it was my mrs and not me at that time?
Mitigation is when you plead guilty. You can't plead guilty as it was not you
You and your wife would need to attend trial to give evidence to say it was not you driving
ok and then what happens? ideally i did not want to go to court :(
Well I do not think you can avoid it. If you plead guilty then you must accept the offence.
If you plead not guilty there will be a trial, unless the Prosecution cave in, but that is unlikely.
ok, and what would the court do when my wife says she was driving at that time
out of teh possibilities?
Then you will be found not guilty.
The prosecution must prove you were driving.
and what would happen to my mrs?
If the offence was in October 2014 if they wanted to prosecute her then they need to issue a req within 6 months.
If they don't its out of time
On the req you have, tick not guilty and the reason is you were not the driver.
Dont say any more
Then when it comes to Court it will be over the 6 months and time barred against the wife.
Does that help?
great , yes it does
Can I clarify anything else for you today?
Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
If you need more help please click reply
one more thing what other legal advice can i get here...business rates etc?
Yes. You just need to post a new question
okay great. thanks ill rate the service now.
Hi, my court date is 17 April 2015. I am pleading not guilty as my wife was driving the car and the postal requisition is in my name. Do i need to hire a solicitor or me and my wife can explain our situation on the day of the trial?