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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 76239
Experience:  Over 5 years in practice.
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Jo I have been issued with a summons for Failure to Furnish

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Hello Jo
I have been issued with a summons for Failure to Furnish driver details and Speeding exceeding a 30mph. My situation is grossly complicated as there are many layers to this situation I am in.
Customer: replied 6 months ago.
I was sent an NIP dated 17th April. The offence took place during my brothers wedding when mine and other members of families cars were being used for errands and pick up and drop offs for those that did not have conveyance. I was unsure if I was the driver therefore it took me some time to get this information and that too I was not certain of as I could have been the driver. Due to a lot of stress and personal issues I was going through in my life I forgot to respond to the original NIP but on 19th May was served a final reminder to which i responded but I was heavily conflicted still because you only have a choice to nominate yourself or someone else but no choice to say you are unsure and no instruction of what to do in the event you are unsure. Any way hesitantly i responded and then in September I got a summons for the charges : Failure to furnish and speeding. However the statement of facts does not state the "fact" that a final reminder was issued to me on 19th may and no response was received within the 7 day period they provide.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

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What would you like to know about this?

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Customer: replied 6 months ago.
Hi Jo
I responded to the final reminder and still got sent a summons 4 month down the line saying that i did not furnish detail of the driver. Is it correct for them to be capable of putting this charge on me?

Did you name the driver unequivocally?

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Customer: replied 6 months ago.
The final reminder doesn't allow me to leave any room for doubt it seemed either i say it was me or it was someone else.
Customer: replied 6 months ago.
I Put down the full name and address of the other possible driver and then as months went by i figured that is the end of it and never spared it a second thought. My question is. Is it lawful for a S172 failure to furnish charge be placed on me but they have failed to disclose on the statement of facts any information relating to the letter they sent out on 19th May which told me I had 7 days to reply. Meaning i had to respond by 26th May. They have not written that and isn't a statement of facts supposed to show ALL the facts to bring on the charge?

Ok, so you didn't name the driver unequivocally.

The issue is not whether you responded. The issue is that you did not name the driver unequivocally. The forms are quite clear. If you have named several possible drivers that isn't naming the driver without equivocation.

 

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Customer: replied 6 months ago.
I named 1 driver no other.

No you didn't. You gave them several names.

You can defend the allegation on the basis that you couldn't find the driver with reasonable diligence but you have the burden of proof.

They are perfectly entitled to charge you. They don't have too many options really.

Can I clarify anything for you?

Jo

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Customer: replied 6 months ago.
I've named only 1 driver on the final reminder i did not name any more drivers.

That is not what you said above.

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I Put down the full name and address of the other possible driver and then as months went by i figured that is the end of it and never spared it a second thought. My question is. Is it lawful for a S172 failure to furnish charge be placed on me but they have failed to disclose on the statement of facts any information relating to the letter they sent out on 19th May which told me I had 7 days to reply.

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That is what you said. That is not naming the driver without equivocation.

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Customer: replied 6 months ago.
okay what i have explained is that on the form there are two options. 1 states : I was the driver at the time of the offence and then you provide your own details. The other option states: I was NOT the driver at the time of the offence and here are the details of the driver.
Customer: replied 6 months ago.
so when they themselves have not made it possible for me to name more than 1 driver how could i have said I am the driver and I am NOT the driver. It doesn't even have a single instruction on the form which says you should do that if you can't unequivocally name someone.
To me it just felt like a pressure tactic and i assumed they will contact the other driver and if the driver is certain it was them they would admit the charge but if the driver is also not sure and requires photo evidence or further proof then and only then they would take it to the court because it needs to be determined who was driving
Customer: replied 6 months ago.
can i request them to provide me with a Full disclosure of All the evidence they have used/unused whether it would work in my favour or against?

No, you should probably be pleading guilty.

You haven't named the driver unequivocally. The forms are perfectly clear.

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The forms demand that you name the driver. There isn't really a way of misinterpreting them.

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If you want to contest this you can take the steps I mentioned above but then you have to prove what steps you took to identify the driver.

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Customer: replied 6 months ago.
So are you saying that legally I am not entitled to ask for an evidential disclosure at all.

No.

Not for S172.

The disclosure regime isn't engaged.

Jo C. and 2 other Traffic Law Specialists are ready to help you
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Customer: replied 6 months ago.
Thank you