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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice.
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A speeding ticket came through the post and the driver at the

Customer Question

A speeding ticket came through the post and the driver at the time of the offence was a family friend who came on a visit from another country. The situation was explained and a letter was requested from him by the police and he has written to the police. The issue has been sent to court and the court was to sit on the case in my partner's absence. She however did not send her driving licence - which is foreign, Holland, but did send her means of income and other information as requested by the court. She explained in writing to the court that she could not find her driving licence as she might lost it or left it in Holland on her last visit.

The court adjourned the case case and has asked her to attend court but did say the case could be dealt with in her absence. MY QUESTION IS, does she has to be there or can she ask the court to proceed with the case and send in by post her driving licence, as she is apprehensive.
Submitted: 5 years ago.
Category: Traffic Law
Expert:  Jo C. replied 5 years ago.
Thank you for your question. i will try to help with this.

Sorry, is this the summonsed person or the driver of the car?

Also, was the person abroad really the driver? You are anonymous on here.

And is she insured?
Customer: replied 5 years ago.

To begin with, the letter from the court did not state summons r have it as the title.


Secondly, it is the owner of the car - my partner, who is being asked to attend court and not the diver.


Yes, she was insured then but has since refused to drive and had her name taken off the insurance but not the car.


The person abroad was not really the driver but asked an uninsured to drive and has accepted responsibility.

Expert:  Jo C. replied 5 years ago.

You are in difficulty then.

Has your partner made a false declaration to a court? You are anonymous on here.
Customer: replied 5 years ago.

I would say yes/no, the family friend admitted the offence when the ticket came in and he was asked because he had then asked to use the car. It was after writing to the police and through conversation that she realised he made a friend drive him around

Expert:  Jo C. replied 5 years ago.
No, forget that please.

Lets try to break this down.

Who was the driver?
Customer: replied 5 years ago.

It wasn't the guy she mentioned - the one abroad who admitted the offence. Apparently a flat mate who lives at the same address.

Expert:  Jo C. replied 5 years ago.

She would have received a S172 form demanding the name of the driver. Did she name the wrong person knowingly?

Customer: replied 5 years ago.


Expert:  Jo C. replied 5 years ago.
How did she come to name the wrong person? Just one or two sentences is fine. Please don't put yourself to detail. Either she did this with knowledge or it was an accident?
Customer: replied 5 years ago.

It was by accident.

Expert:  Jo C. replied 5 years ago.
Has she lied after realising that it was an accident?
Customer: replied 5 years ago.

The family friend asked to use the car and admitted using it and went to the extent to provide letter admitting the offence.

Expert:  Jo C. replied 5 years ago.
Yes, so has your partner lied after realising ?

Would you mind being clear with me over this? This answer will only be right if you give me full and clear information.
Customer: replied 5 years ago.

Yes, she did.

Expert:  Jo C. replied 5 years ago.
Ok. I am sorry to be the bearer of bad news but its a lot more serious than meets the eye.

I am very sorry but making a false declaration on a S172 form is perverting the course of justice. The leading case involved a man of exemplary good character who got three months custody on a first offence for doing exactly that.

Its not really clear whether she knew at the time that she made the declaration that she was submitting a falsehood. If she did not know at this was a genuine mistake then perverting would not be made out although after realising she does seem to have maintained the lie which is likely to be an offence.

I suspect that if the Crown found out about this then probably they would say that she did this knowingly. In this case as well they will probably say that involving a third party and maintaining it in this way is aggravating beyond the leading case justifying a longer period of custody.

How to move forward is harder to say. She must not underestimate the gravity of her position.

If she is the summonsed person then one option is to plead guilty at court. It depends what charges she faces. Certainly she cannot mislead the court. That is perjury and that hugely aggravates the sentence. She may have done that already depending on what has happened but at least she should not make it any worse.

On your specific point, she is on a summons so if she doesn't answer they would just hear the case in her absence. They cannot levy a Bail Act charge for failing to attend.

I suspect at this stage though the option to plead by post no longer applies so it would be worth attending.

In terms of a guilty plea, that would not necessarily deter the authorities from investigating her but it may. In fairness, without seeking to trivialise what she has done, she certainly wouldn't be the first registered keeper to have done this and the police do not investigate everybody.

The only reason the case was adjourned though is that she was offering an account that amounted to a not guilty plea and so its been set down for trial. That is standard and it doesn't mean anything sinister at all.

I'm very sorry but thats her position.
Customer: replied 5 years ago.

Many thanks, but just to say, she pleaded guilty with explanation - which she provided when she sent the forms in. Does that make any difference to the case?


And what if she does not attend and sends driving licence? Would she get a fine or what next?

Expert:  Jo C. replied 5 years ago.
Not really. All that happened is that she entered a guilty plea with an explanation amounting to a not guilty plea so they set it down for trial.

If she doesn't attend then I suppose at least there can be no more falsehoods. I'm not sure its a good idea overall but its certainly better than attending and misleading the court.

If she doesn't go they will just try her in absence and convict her.

If this is a failing to identify then she will get 6 points and a fine of around £500 ish plus court costs in the low hundreds and the victim surcharge of £65.

Obviously though if this does turn into a perverting then the sentencing options open up a bit.
Customer: replied 5 years ago.

In this case where she holds a foreign driving licence- Holland, will the points apply? And would it affect the fine amount?


Should she send the driving licence?

Expert:  Jo C. replied 5 years ago.
They will add the points to her nominal UK licence.

Member states recognise each other's disqualifications but not each others points yet so unless she gets another 6 in 3 years it won't have much impact.

The fine amount won't be affected.

She should send her driving licence. They will demand it.
Customer: replied 5 years ago.

Thanks a lot and all the best.

Expert:  Jo C. replied 5 years ago.
No problem

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