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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Helloi have recieved a postal requisition

Resolved Question:

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?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you have any other points?

Customer:

Hi Alex, Thanks for your help .My wife was driving and she doesnt have any points

Alex Watts :

Ok - but is it in your name or wife?

Customer:

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

Alex Watts :

Have you been asked to plead guilty by post?

Customer:

yes i have been

Alex Watts :

Ok - then if the requisition is in your name you should only plead guilty if you accept the offence.

Alex Watts :

If you do not accept the offence then you should not plead guilty.

Alex Watts :

If you have been charged with speeding then you can plead not guilty.

Alex Watts :

The Police would then have to prove it was you driving in order to secure a conviction

Alex Watts :

Your wife can come and give evidence saying she was driving

Alex Watts :

Then you would be found not guilty

Alex Watts :

But you should only plead guilty if you accept the offence

Alex Watts :

Can I clarify anything for you about this today please/

Customer:

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?

Alex Watts :

Yes. There would be a trial.

Customer:

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?

Alex Watts :

Mitigation is when you plead guilty. You can't plead guilty as it was not you

Alex Watts :

You and your wife would need to attend trial to give evidence to say it was not you driving

Customer:

ok and then what happens? ideally i did not want to go to court :(

Alex Watts :

Well I do not think you can avoid it. If you plead guilty then you must accept the offence.

Alex Watts :

If you plead not guilty there will be a trial, unless the Prosecution cave in, but that is unlikely.

Customer:

ok, and what would the court do when my wife says she was driving at that time

Customer:

out of teh possibilities?

Alex Watts :

Then you will be found not guilty.

Alex Watts :

The prosecution must prove you were driving.

Customer:

and what would happen to my mrs?

Alex Watts :

If the offence was in October 2014 if they wanted to prosecute her then they need to issue a req within 6 months.

Alex Watts :

If they don't its out of time

Alex Watts :

On the req you have, tick not guilty and the reason is you were not the driver.

Alex Watts :

Dont say any more

Alex Watts :

Then when it comes to Court it will be over the 6 months and time barred against the wife.

Alex Watts :

Does that help?

Customer:

great , yes it does

Customer:

!

Alex Watts :

Can I clarify anything else for you today?

Customer:

thank you

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

will do

Alex Watts :

Thank you.

Customer:

one more thing what other legal advice can i get here...business rates etc?

Alex Watts :

Yes. You just need to post a new question

Customer:

okay great. thanks ill rate the service now.

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 2 years ago.

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?


Thanks

Customer: replied 2 years ago.

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?


Related Law Questions