Body & Soul3 mins ago
Section 172 nip, failing to provide details
4 Answers
Hello,
I received a letter back in august asking for the drivers details, my car was caught speeding by fixed camera, 36mph in a 30 zone.
My friend was driving at the time, and he was a named driver on my insurance.
Mt friend had joked he would simply ignore the notice and try his luck, not wanting to get the points myself if he avoided the letters, I told him I would be sending his CV which I had on my pc and his employers full address and telephone number and mobile number along with my reply. He still joked that this was ok and he would try his luck ignoring it.
So i sent back the letter all correctly filled in, except the drivers number etc, but i enclosed all of the documentation mentioned above, so the police would have no trouble finding him.
In the months following i had started a new job and was temporarily staying away from home, although my parents had been opening important looking letters.
not far back, Waiting for a tax refund they opened most letters for me, and saw I had been found guilty at court of failing to supply information and fined �440 and �60
They obviously never got my letter and documents or they ignored it?
I spoke to the court straight away to out it right, but they said, It was out oftheir hands and i should contact the police concerned, I did this and an officer told me they could not do anything now, I had to go back to court.
I am now attending court, I have a copy of the original letter which i scanned before replying and the cv tel numbers etc of the driver.
will this do? or can I really be convicted for not opeing my mail and seeing the reminder or summons?
Any help would be appreciated.
I received a letter back in august asking for the drivers details, my car was caught speeding by fixed camera, 36mph in a 30 zone.
My friend was driving at the time, and he was a named driver on my insurance.
Mt friend had joked he would simply ignore the notice and try his luck, not wanting to get the points myself if he avoided the letters, I told him I would be sending his CV which I had on my pc and his employers full address and telephone number and mobile number along with my reply. He still joked that this was ok and he would try his luck ignoring it.
So i sent back the letter all correctly filled in, except the drivers number etc, but i enclosed all of the documentation mentioned above, so the police would have no trouble finding him.
In the months following i had started a new job and was temporarily staying away from home, although my parents had been opening important looking letters.
not far back, Waiting for a tax refund they opened most letters for me, and saw I had been found guilty at court of failing to supply information and fined �440 and �60
They obviously never got my letter and documents or they ignored it?
I spoke to the court straight away to out it right, but they said, It was out oftheir hands and i should contact the police concerned, I did this and an officer told me they could not do anything now, I had to go back to court.
I am now attending court, I have a copy of the original letter which i scanned before replying and the cv tel numbers etc of the driver.
will this do? or can I really be convicted for not opeing my mail and seeing the reminder or summons?
Any help would be appreciated.
Answers
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I can't comment on the case without actually seeing the documentation. However, what will happen now is that your case will be reopened in the Magistrates Courts Act 1981. You will need to swear a declaration saying you knew nothing of the proceedings.
The matter will then start afresh and you will have your opportunity to have a trial where on the balance of probabilities you can try to persuade the magistrates that you complied with your duties under s172.
The matter will then start afresh and you will have your opportunity to have a trial where on the balance of probabilities you can try to persuade the magistrates that you complied with your duties under s172.
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