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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Jo.C I have received a magistrates court under section 112

Customer Question

Hi Jo.C
I have received a magistrates court under section 112 road traffic regulation act 1984. Are you able to give me some advice regarding this
Submitted: 3 months ago.
Category: Law
Expert:  Jo C. replied 3 months ago.

Yes, how can I help with this?

Customer: replied 3 months ago.
This is in relation to a parking fine that I did not respond to, I do not really have an excuse just everyday pressures of my job and kids, I was tge driver but clearly I did not respond to let them know. I am unable to attend court mandatory training in relation to my job just need some advice on how to deal with this. Clearly points on my license will be an issue with my job
Customer: replied 3 months ago.
Just to add that on the summons sheet it states date of offence as the 1st March 2016 however the date on the photographs enclosed with the paperwork was the the 12th December this is the correct date.
Expert:  Jo C. replied 3 months ago.

Yes, they are saying you have failed to identify.

Is this an urgent query? I am offline now until about midnight. I can pick up then.
Or I can opt out for other.s

Customer: replied 3 months ago.
No its fine to respond to me later when you are back online just meed to know what my options are so that I can sort out any paperwork or response
Customer: replied 3 months ago.
Hi Jo
Do you have an update regarding my query for advice?
Expert:  Jo C. replied 3 months ago.

Sorry, I did respond but it obviously did upload.

Is the trigger offence definitely parking ? What was the allegation? It is rare that the police deal with that now unless it was causing an obstruction.

Customer: replied 3 months ago.
Hi Jo I was parked in a parking area on the street that required a ticket via a machine on return to my car there was a penalty notice on my car it was not parked unsafely or obstructing anything it was designated on street parking, this was on the 12th December 2015. Brcausee the fine has not been paid the Local Authority sent me a form asking for details of the driver vecause I did not supply that information by the 1st March 2016 I have been summonsed for failing to supply driver information.
Expert:  Jo C. replied 3 months ago.

Isn't the car registered to you?

If this is local authority this makes no sense.

Do you still have the PCN?

Customer: replied 3 months ago.
the car is registered to me I have owned it for the last 5 years . I do not have the PCN
Customer: replied 3 months ago.
The summons says that I committed an offence on the 1st March of not supplying the driver details on the forns they sent me.
Customer: replied 3 months ago.
Am I obliged to give the driver details to to the local authority as they are not the police? Why have they just not pursed me for the parking charge and added additional costs?
Expert:  Jo C. replied 3 months ago.

Oh yes, they can use this section. They almost never will because the decriminalised route is open to them.

Usually though they will use this section to seek the identity of the driver because they allege an offence that only runs against the driver rather than the registered keeper.

Most parings offences run against the registered keeper so they don't need to know who was driving.

There are some that do not - like causing an obstruction.

If this falls into that category then this is their only option.

Expert:  Jo C. replied 3 months ago.

It is still pretty rare that they will use it but they can if they want to.

The date they are quoting will be 28 days after the original S172 was served - the date upon which you formally failed to notify.

Expert:  Jo C. replied 3 months ago.

You could always offer to plead to the original offence in exchange for dropping the failing to identify. They do accept that sometimes.

Failing that though, you would really have to plead guilty. The facts you quote above does not give you a defence I'm afraid.

Can I clarify anything for you?


Customer: replied 3 months ago.
How can I plead to the original offence as they have not summonsed me for that. I could ring and pay the parking fibr but not sure if this will help. I am on training on the court date so am unable to attend the hearing
Expert:  Jo C. replied 3 months ago.

No, it won't.

If they haven't summonsed you in the alternative then you can't.

To be wholly honest, if you can't attend court on the day then this can't really be negotiated.

You could send in written representations but they will probably ignore them. I'm afraid they regularly fail to read things like that.

Customer: replied 3 months ago.
basically I am likely to end up with points on my license but technically not from committing a driving offense? This could well impact on my job as I work in the community and rely on my car. What is the maximum points /fine if I plead guilty to this?
Expert:  Jo C. replied 3 months ago.

6 points and a fine.

Yes, that is what will happen on this basis.

Come what may, you can't deny failing to identify and your account doesn't amount to a defence.

Unless they will take a lesser offence there is no way around it and to negotiate that you would have to attend court.

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