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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My name is ***** ***** and i own a garage in Newcastle.

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hi. my name is ***** ***** and i own a garage in Newcastle. I failed to provide the name of a driver who was not wearing a seat belt while driving a van that was still registered in my name. I stupidly kept giving the letters to the new owner every time they posted through my door but they never replied to the police about it. i then got a letter requesting i appear in court for not providing there name. i fully intended to go to it as i wanted to explain that i was an innocent party in the matter but on the day of the hearing I failed to attended due to work commitments. when i went to the second hearing i took a letter signed by the person who was driving the van at the time explaing it was him at fault and not me. when i presented this to them they said that that charge was of no interest now and it was me they were interested in. they said i will receive 6 points and a ban due to the totalling up system. i appealed on the grounds that i need my licence to operate my business. the appeal was granted and im in court again tomorrow. i cant afford a solicitor so i will have to represent my self again. id like to add that in 20 years of driving i have only ever had 1 speeding ticket for witch i received 3 points. this was 9 years ago and are now removed from my licence. the 6 points i currently have on my licence are due to me lending my wife's car to a customer while we were doing repairs to his car. he said he was insured to drive it but when he wrote it off the next day it turned out that he wasn't. we lost our car that cost us £5000. got fined £1000 with 6 penalty points for knowingly loaning a vehicle to an uninsured driver and then my trade insurance premium increased by £2200 due to me having an no insurance marker on my licence. £8200 for being a nice guy and loaning out my car. i understand that you guys are busy professionals but if anyone could find a few minutes of your time to give me a little advice it would be much appreciated. thank you..
kevin hunter. ***@******.***
tel 0191(###) ###-####
mob 07932 847938
Hello my name is ***** ***** I will help you.
Is this in the Crown Court? What is it you would like to know please?
Customer: replied 2 years ago.
Hi. Thanks for the reply. It's at the magistrates court.
Have you been convicted in your absence?
Customer: replied 2 years ago.
I would just like some advice on what I should take with me to help my case. If I loose my license I lose my business. I always though that common sense would be on my side but they were so ruthless with me at the last hearing they had me and my wife in tears. What would u advise me to say in court having read my situation in my post.
You said you are going to appeal. Is this a trial or have you already been convicted.
Customer: replied 2 years ago.
I think it's still a trial as they did not tell me I had to stop driving while I appeal. I'm sorry if I seem a bit thick as I explain things. It's just I've never been in a situation like this.
I understand. However you accept you never sent the form back and handed it to the owner?
Customer: replied 2 years ago.
I do except that yes. He was my business partner. We had a car and van hire business. We decided to go our separate ways so I took the cars and he took the vans. All the logs books were exchanged but I guess ibe slipped through the net
Its bad news then I am afraid. Your legal responsibility is to identify all those who could have been driving. The form will also clearly say on it that it should not be handed to the driver or owner. Therefore you should have completed the form as to who could have been driving the vehicle.
If you did that, even if they turned out not to be the driver, your legal duty would have been discharged. As such you are guilty of an offence of failing to identify the driver. Therefore sadly it makes no difference what you say tomorrow you accept you didnt send the form back. As such you will be convicted.
Sadly its a mandatory 6 points and if you are given that if this means you have 12 points you are liable to disqualification unless you can show exceptional hardship. That is hardship which is exceptional would be caused to you or those who rely on you. I would advise you get a Solicitor to advance this for you as it looks like you have no defence to the main claim.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Thanks for your honesty Alex. I employ my dad. There's just the 2 of us and he is deaf so he can't test drive the cars. I have a certificate from his doctor to prove his disability. Would this be enough for the court to be lenient towards me
No. Its a mandatory 6 points - they have no discretion if they find you guilty.
I am sorry.
Customer: replied 2 years ago.
Thanks for your honesty Alex. It wasn't what I was hoping to hear but atleast I no what to expect. Listening to your explanation I think I was maybe wrong in thinking they were being ruthless with me at the previous hearing. I took it personally but I guess they were just going by the law. Doesn't mean that it's fair tho. I wouldn't say I deserve to lose my livelihood for it. Thanks for taking the time to try n help Alex.
I would take a Solicitor to argue particularly exceptional hardship for you.
Good luck and let me know how you get on.
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Customer: replied 2 years ago.
I certainly will Alex. You've been most helpful. would u have an idea of what fine to expect and the length of the ban I'll likely recive ?