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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70924
Experience:  Over 5 years in practice.
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I am being taken to court for Speeding and failing to advise

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I am being taken to court for Speeding and failing to advise on who the driver was.
I can prove categorically that is was not me driving from digital communications logs at work.
And while I can't prove where my car was at the time (July last year) the fact that our car park is always jammed tight and am normally one of the first in to the office and thus my car is buried at the back. (Unfortunately our CCTV only goes back a very short period)
I only had 1 key for that car and the alleged offence took place 5+ miles off my very simple (Straight single road) route and going in completely the wrong direction to make any sense.
Can i represent myself in front of the magistrate? Can I asked for the hearing to be moved to a magistrates court that is more convenient? (Originally I had a summons for Watford which would have been convenient and they moved it to Stevenage which is a long way out of the way)

Hi - when was this offence meant to have occured?

Customer: replied 11 months ago.
July last year

Did you respond to the NIP naming the driver?

Customer: replied 11 months ago.
No because I couldn't name a driver as it wasn't me and even the photo didn't show who was driving despite being front on.

Are you asking if you have a defence?

Customer: replied 11 months ago.
They have done and I told them it wasn't me I could prove where I was and thus where my car was. The fact that the alleged offence to place so far off my daily route although on a road I could potentially use if there were major traffic problems albeit in the opposite direction is disconcerting to say the least. I responded to the initial summons via the web portal and put all this detail in that defence. Now they have given me a 2nd court date at a court that is a nightmare to get to.

Ok. So what is your question?

Customer: replied 11 months ago.
Question is 3 fold1/ Can get the court changed to something closer? if so how?
2/ Am i wasting my time should I just plead guilty and take the points & fine?
3/ If not 2 can i represent myself? and what form do submit my evidence, to whom and when?

Thank you.

On your specific points

1 no. They won't transfer it. Matters are heard in the area of the location of the offence.

2 you are on the point of failing to provide. Come what may you did not provide. They have no case against you as they have no evidence that you were the driver.

You seem to have received the forms and responded effectively saying that you were not the driver which does not comply with the legislation.

2 yes, you can self represents. You will need to attend or you will need to enter pleas by post.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
Hi Jo,So just to clarify,
1) Even though they moved the court from Watford to Stevenage - both in the County I can't ask them to move it back?
2) If I plead guilty to "failing to provide" what can I expect? Can I claim mitigating circumstances as in I have no idea who was driving as it definately was not me and on the balance of probabilities not my car?
3) So i just bundle up all the evidence that proves it was not me and then send it off the to the court?Noel

1 Yes.

2 6 points and a fine in the middle hundreds. No, there is no mitigation in this. S172 reverses the burden of proof onto you to show that you could not with reasonable efforts identify the driver. The plain fact is that you didn't do that.

3 No. If you do that you will be convicted in absence as that is not a defence.

Customer: replied 11 months ago.
Hi Jo,So the fact that I have check, double checked and triple checked and can prove where I and my car were are the alleged time is not significant diligence as to identifying the driver?Thanks for the help

No. All that is doing is establishing that it wasn't you.

Due diligence would be trying to find out who was driving.

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