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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice.
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I have received a "Postal Requisition" today following being

Customer Question

I have received a "Postal Requisition" today following being stopped speeding some months ago. The charge reads ".....drove a motor vehicle, namely DV60WZB, on a restricted road..." Furthermore, in the statement of the officer says ".....I recorded the vehicle details as a Audi Q5, registration OU60 WZB."
Neither of these registration marks are my vehicle. The registration is actually OU60 WZD. Therefore, I was not driving the alleged vehicle. Should I plead not guilty to the charge?
Thank you.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Since you are summonsed to court anyway this is a point that you might as well take.
You can plead not guilty as indeed you were not driving that vehicle. The court will ask you what the issues are though for trial and you have no option but to tell them. In theory you can refuse. The worst they can do is put you to the very back of the list. Nobody can be forced to notify the court of their defence in the UK. However, the practical reality is that its not likely you would do that and anyway your defence would become obvious during the trial.
When it does become obvious the Crown will just amend the charge to the correct index number and then you would have no option but to plead.
You could argue that you shouldn't pay trial costs at that point because you would have pleaded the first time the correct charge was put but you could find a court would punish you for refusing to identify this issue earlier by making you pay costs.
If you don't mind that risk then its probably worth a run. The officer may have recorded the wrong vehicle.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

Hello again. Thanks for your help. Do you have a view on what the punishment is likely to be? I have an otherwise clean license and there are mitigating circumstances such as the very recent change of the speed limit from 50 to 30, not is a residential area but speed limit reduced ina dvance of a future development (just started) ,daughter wating at the train station alone in the dark, perfect conditions driving conditions, no children/scholls nearby etc, etc.

I am of a mind to go to trial with Barrister representation if a ban looks likely so would value you opinion.

Thank you.

Expert:  Jo C. replied 3 years ago.
What was the speed and what was the limit please?
I am happy to continue with this but please leave feedback for my answer.
Customer: replied 3 years ago.

Hi

My speed was 57 in a 30 limit.

Expert:  Jo C. replied 3 years ago.
Was there a regular pattern of street lighting?
Customer: replied 3 years ago.

I believe so. the road was previously the perimeter of the town of Bicester with residential houses to tjhe left and fields to the right. The speed limit has very recently been reduced due to residential development on the right that has just begun.

I am travelling road in the next hour or so so can check the lighting.

Expert:  Jo C. replied 3 years ago.
In that case, there is no positive defence.
You will face either 6 points or a ban of 7-56 days, a fine, costs of £85 and the victim surcharge.
You are at the higher end of the sentencing bracket so a ban is a risk I'm afraid.
Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. Do you think it is worth being represented and working on the mitigation or is it a fairly fixed penalty? Do I have to attend or is a guilty plea with written mitigation allowed?

Expert:  Jo C. replied 3 years ago.
Its not a fixed penalty. There is a risk of a ban or points.
Representation does help but it racks up costs obviously.
Customer: replied 3 years ago.

Many thanks for your help. Will probably just do a letter of mitigation and leave it at that.

That's all for now and thanks again.

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.