Failing to identify driver issue?

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Tue 16 Aug 2016 18:55
Failing to identify driver issue? - Anthony Mahon

Hello fellow motorists

Im hoping to get a little bit of advice please if possible with a matter i have received today. Whilst at work today i got a call of my sister regarding a letter that came through to my mums address were i used to live and the car regarding this matter was registered to under my name.


I have a letter from the court to either plead guilty or not guilty for failing to identify the driver from a speeding offence that was commited on the 15/1/2016 but at that time i had fallen out with my mum and was not living there after the incident so i was not to know that there was a speeding ofence otherwise i would of dealt with it there and then. Since then i have a had a letter dated 10/8/2016 for failing to identify the driver.


The issue i have is i already have 6 points on my licence and im in danger of gettign another 6 points which cannot happen as i travel 100 miles a day to and from work and obviusly i have bills, rent, debts etc. I have spoken to a solicitor who specilises in motoring law and they said i have a strong case and could over throw the point but they want £800 + VAT to deal with my case.

Whats going through my mind is should i just plead guilty in the post and write a plea to the court explaing my situation and hoping they will sympahise on my situation and just give me a fine or maybe reduced points or should i go ahead with this solicitor and pay their fees and let them deal with my case?

I really do not know what to do and this has caused massive upset and stress on me today and im realyl down in the dumps about what to do. Please can someone offer me their advice or give me a solution to this matter?

Thank you

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Tue 16 Aug 2016 19:40
Failing to identify driver issue? - skidpan

All you can do is report the facts to the court and hope they are lenient. Fact is you failed to identify the driver and ignorance of the offence due to your personal circumstances is not a defence.

Forget having the solicitor, all they can do is present the same facts and their presence might just antagonise the court.

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Tue 16 Aug 2016 20:13
Failing to identify driver issue? - FP

It would seem you've failed to notify the DVLA of your change of address as it relates to the car (i.e. the V5C document). That is the root of the problem and, as has been noted above, your best bet is to cast yourself on the mercy of the court, acknowledging that you made a mistake and saying what the circumstances were. (Do not exaggerate - that will go down badly.)

By the way, have you notified DVLA of your change of address on your driving licence?

Both of these changes can be done online.

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Tue 16 Aug 2016 20:37
Failing to identify driver issue? - alan1302

Whats going through my mind is should i just plead guilty in the post and write a plea to the court explaing my situation and hoping they will sympahise on my situation and just give me a fine or maybe reduced points or should i go ahead with this solicitor and pay their fees and let them deal with my case?

Would go with that. Just explain what happened and stick to the facts.

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Wed 17 Aug 2016 08:46
Failing to identify driver issue? - Dwight Van Driver

Would be better to attend Court in person,

On arrival seek out the Duty Solicitor who may present the facts and also plead special reasons for no disqualification through hardship effect on your life

dvd

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Wed 17 Aug 2016 09:37
Failing to identify driver issue? - Anthony Mahon

Thank you very much for all of your replies they mean a lot. I think im going to write a letter explaining the facts about the matter to the court and plead guilty by post and explain that i was guilty of the orignial offence of the speeding ticket but i never had any corraspondance otherwise i would of dealt with it there and then and also include in my letter my current circumstances and work ethics and hope they are sympathetic towards me. Would this be suitable do you think ?

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Wed 17 Aug 2016 10:22
Failing to identify driver issue? - ExA35Owner

Lots of advice on Pepipoo. AFAIK the penalty is always 6 points. There is the possibility of a Statutory Declaration - again see Pepipoo. Worth being aware that not updating your V5 and driving licence with changes of address are also offences!

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Fri 19 Aug 2016 10:01
Failing to identify driver issue? - Anthony Mahon

My licnce is up to date with my new address now. Im going to contact them on monday and speak to someone in the relevant department regarding the matter then write them a letter and see what they say. Am i right to say that i may get a sympathetic person that may feel for me and my cirumstances and work with me to savemy licence?

Thanks

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Fri 19 Aug 2016 10:58
Failing to identify driver issue? - RobJP

This is now nothing to do with DVLA, it is a court matter. So contacting DVLA will be pointless.

You would be far better advised to attend court in person (as has already been advised to you), to apologise in person to the court and explain the circumstances, rather than sending a letter.

An apology goes far further in real life than it does on paper.

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Sat 20 Aug 2016 12:45
Failing to identify driver issue? - Anthony Mahon

I think that may be a good idea to appologise in person atleast that way i can state my cirumstances as you say and hopefully that will be enough to sway things in my favour hopefully

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