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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice.
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My mother in law received a court summons for not providing

Resolved Question:

hi ,
My mother in law received a court summons for not providing information relating to a vehicle she is named on but was not driving at the time.
we sent the information back to the police with the named driver , which was sent back to her because postal address was incorrect .
We resent the correct postal details of the driver back to the police .
We then recieved a fine and collection order with no court date for her to contest the charges , which has now had a new court date to attend .
how can we proceed from here as we have the correct named driver for the offence but dont know whom to send it to .
Submitted: 3 months ago.
Category: Traffic Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 3 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 3 months ago.

Did you use the prepaid envelope?

Customer: replied 3 months ago.
we used an stamped envelope the first time and hand written stamped envelope the second time
Customer: replied 3 months ago.
sorry pressed call button by mistake
Expert:  Jo C. replied 3 months ago.

I suppose you didn't send it recorded delivery?

Customer: replied 3 months ago.
not recorded on both , in hind sight should have done
Expert:  Jo C. replied 3 months ago.

Okay. I suppose there is no other prove of postage than your evidence then?

Customer: replied 3 months ago.
no proof of postage from us .
We also did not receive a court date for the first court date until we received the summons for the fine in June . We had to do a statutory declaration to have a new hearing in October to plead not guilty .
Customer: replied 3 months ago.
could we just provide the details of the driver again to avoid going to trial ?
Expert:  Jo C. replied 3 months ago.

It depends.

What is on the charge sheet?

Customer: replied 3 months ago.
failour to provide driver information section 172(3)
speed exceeding 30 miles / hour section81(1) and 89(1)
Expert:  Jo C. replied 3 months ago.

Okay.

And she is adamant she is not teh speeder?

Customer: replied 3 months ago.
sorry busy day to respond back .
the car is a motability car driven by several people for the disabled person.
my mother in law is the appointee for the car .
we identified the driver which was not my mother in law and sent the relevent paperwork back to the police .
She is not the speeder ,
thanks for your help
Expert:  Jo C. replied 3 months ago.

Thanks

Ultimately you can fight this at court. If she says she posted the S172 request in which she named the driver then that is a defence. Whether or not it would be accepted is another matter but that is a different point.

If she was not the speeder then she cannot offer a plea to speeding in exchange for taking no further action on the other offences.

The advantage of this though is that she does have to prove that she did post them. There is no reverse burden of proof. She would have to give evidence on the point and be reasonably credible obviously.

Can I clarify anything for you?

Jo

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