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 Alice H Your Own Question
Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
30932268
Type Your Law Question Here...
Alice H is online now

My daughter has been summons to court and failing

Resolved Question:

My daughter has been summons to court for speeding and failing to give driver details, the speeding she admits she is guilty . The failure to give information she couldn't give as when the original Notice of intended prosecution was issued it went to her old address and was never forwarded. The first she heard of the offence was this week, the offence occurred last September. She wonders what to plea on this charge any advice would be appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
Did your daughter change the address on the vehicle log book as soon as she moved?
I am wondering why the letter would go to her old address.
Customer: replied 2 years ago.

Her vehicle is leased and she forgot to tell the leasing company that she had moved, they supplied the police with her old address.

Expert:  Alice H replied 2 years ago.
OK
Could I just clarify that she has received a summons to appear at court and not post conviction?
Customer: replied 2 years ago.

Yes she has this week received a summons for court hearing on the 16th June with two charges

1st for speeding ( 66mph in and 50mph with camera evidence) and the 2nd for failing to give driver details. She has a form which she can complete and return by post I think if she pleas guilty to both she gets a fixed prosecution charge of £85, plus whatever fines and points the court determines. The police have her new address now as that where the summons papers were delivered. The receipt of which was the first she was aware of the offences. She's has never received any NIP but the copies in the pack she received have her old address on them.

Expert:  Alice H replied 2 years ago.
OK
She can indicate a guilty plea to the speeding as she clearly accepts being the driver and to committing that offence. She is likely to get 4 - 6 points for travelling at 66 in 50 mph zone plus a fine and costs. The court could disqualify if she has points on her licence or they think the offence is particularly serious.
In respect of the failing to disclose details of the driver she should plead not guilty. On her account she has a defence to that allegation. The court will set a new date for trial when your daughter must attend and exolain why she did not respond to the NIP. The court will decide whether she has a defence in law and if acquitted she will only be punished for the speeding offence; if she is found guilty of not disclosing the drivers details then she will receive 6 points for this offence (this being the minimum number of points the court could impose).
Alice H and other Law Specialists are ready to help you