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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My partner was sent a letter from Liverpool Council last

Customer Question

Hi,
My partner was sent a letter from Liverpool Council last year about a car being caught on a speed camera. The car is not his and never has been and he was at college at the time of the incident.
We responded online to the request, selecting 'I am not and never have been the owner of this car' and received an email confirming that we had responded and to wait for a reply to the appeal. The reply didn't come and we assumed it was dealt with (perhaps wrongly).
My partner has since deleted the email confirming this!
He has now been sent a court letter outlining that he is charged with failing to provide details of the car along with a witness statement showing all the people that have been contacted in relation to the car in question. This statement shows various people providing evidence that the car was written off and then bought various times and shows the date that the car was sold each time from the evidence provided by the people who sold it. It does not show a date that my partner supposedly bought the car on, presumably because no evidence was given that this had happened (because he never bought it).
My partner has been to see Citizen's Advice and they suggested that as he can prove that he wasn't in the car at the time of the incident and no one can prove that he ever bought the car then he should be fine.
However, my concern is that I don't think the court letter is suggesting that he committed the crime of speeding in the car, I think it is suggesting that he failed to provide information about the car? Is this correct?
What do we actually need to do and provide to sort this out?
Thanks
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does he know to whom the car does belong?
Customer: replied 10 months ago.
No he doesn't. Only the information provided in the witness testimony
Expert:  Jo C. replied 10 months ago.
They are alleging failing to identify.
There is likely to be some evidence that he had knowledge of the driver of the car at some point. It might not withstand scrutiny but there will be something.
If he denies having any knowledge though then he will have to go to trial and contest the matter.
The alibi is a non issue. He is not charged with speeding. Unless they are alleging he must have known who was driving because he was a passenger or a bystander although I would imagine they are saying he was a seller at some point.
Never take advice from the CAB. They know nothing at all about criminal matters and not a lot of about civil matters.
Can I clarify anything for you?
Jo

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