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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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i recieved a postal requisition in February 2015

Customer Question

Hi i recieved a postal requisition in February 2015 for speeding 41mph in a 30mph road in oct 2014. I had moved to Manchester from London and had forgotten to change address via V5. I have pleaded not guilty as I was not driving the car when the speeding occurred. My wife who was under supervision and had provisional license was driving it whom I have named as witness. The postal requisition court hearing date is 17 April 2015
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I'm happy to help with your question today.
What would you like to know about this?
Customer: replied 1 year ago.

1- do I get a new court hearing date or should I attend the original court hearing date I. E 17 April 2015

2-what will happen about my failure to inform the dvla about change of address.

3- my wife was driving under supervision so what will be penalty on her and how can that be minimzed

Expert:  Alice H replied 1 year ago.
1 - If you are pleading not guilty there should be an option to enter the plea by post. A new date will then be fixed for a trial which you must attend;
2 - The failure to notify DVLA is a separate issue to the speeding. If you haven't been prosecuted for that offence then DVLA are now out of time anyway - the time limit is 6 months;
3 - Your wife is not be prosecuted - you are. It would be too late to prosecute her now.
By the way:
Who was supervising?
Was a notice of intended prosecution sent - did you tell them who the driver was on an earlier occasion?
Customer: replied 1 year ago.

I took advice from this forum where I was told to write not guilty since I was not the driver and was to nominate my wife as witness. I was also asked not write any more details and send the relevant postal requisition form.

Am I supposed to get a new date for hearing since I have not used the plea form?

A family friend who has a valid UK license was accompanying her. My wife at that time had provisional license and now has a full driving license with no points on it

Expert:  Alice H replied 1 year ago.
If you were not the driver and did not commit the offence then you should plead not guilty.
You should use the plea form to indicate your not guilty plea. If you haven't done so then you must attend on 17.04.15 and enter your plea as it will be too late to do so by post now. Normally the form has to be returned at least seven days before the hearing.
The court has to decide whether you committed the offence or not. If you say that it was your wife and that is accepted she will not be prosecuted because too much time has passed.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.

For Alice H

There is a online link to enter plea, shall I use that now to enter my plea and what should I write in it?

Expert:  Alice H replied 1 year ago.
If there is a facility for entering a plea online then you should do so but it may be too short notice.
All you need to say is you are not guilty.
If your wife was driving you will have to give her name as a witness.
She will have to attend the trial to give evidence. She will be warned that if she gives false evidence she could be prosecuted for perjury which carries a prison sentence.
Speeding 41 in a 30 zone carries minimum 4 points maximum 6 points but with a discretion to disqualify.
Do you have a clean licence?

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