I have recieved a court summons for "failed to give information relating to the identification of a driver"

[joecw]

Ok the original offence was for a speed camera.
To put this into context the vehicle is registered to my limited company.
The notice was received by a member of my staff who filed it.
There seems to have been a reminder which was not received or mislaid (same memeber of staff).
I now have this notice of intended prosecution and am not sure what to do.
this is further complicated by the fact that I am not sure who was driving, whether it was myself or my wife as we shared the drive and cannot for the life of us remember at what point we changed over.
either way I am in some kind of trouble.
I seem liable for up to 6 points for the latter offence and if push comes to shove I will have to do the honourable thing and say i was driving.
I am hoping one of you guys can help with some advice.

[hc4361]

It is your responsibility to keep a log of who was driving each vehicle, when.
The fact you are married is irrelevant.
However, there should be a phone number on your documents. Call them and tell them you did not receive any other paperwork regarding this matter, admit to you being the driver and see what happens.

[New Judge]

If you want to put forward either of the defences you mention (paperwork not passed on or cannot recall who was driving) you will have to answer the summons and plead not guilty. Both the reasons you give are valid defences against a “failing to provide details” charge but the onus will be on you to convince the court.

You would stand a better chance of success with legal advice and representation in court.

[north star]

As the vehicle was registered to the company, then the summons would have been issued to the company rather than to you personally. The court cannot give points to a body coporate, so if you do nothing, it will be the company that gets a hefty fine but no points.

[ummmm]

That's not true North Star. If the company cannot say who was driving the vehicle then the director/s will have to take the points. That's why they should log who drives what car and when.

[New Judge]

Not true, ummmm.

In my tredness last night I had neglected to note the Company aspect. A court cannot arbitrarily award points to the licence of one or more directors of the Company. See page 135 of Magistrates' Sentencing guidelines, second line down under "Special Considerations":

http://www.sentencing...trates-guidelines.htm

[north star]

The fine that the company gets is a a lot more (say 3 x ) than what an individual would get.