Ford Focus - Facing Prosecution what can I do

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Sat 31 Jul 2010 20:10
Ford Focus - Facing Prosecution what can I do - renno

I've been summons to appear in court charged with withholding information about the identity of the person driving my vehicle and any offence related to breaching schedule 2 of the road traffic offenders act 1988.
Having been in front of magistrates and signed a declaration to say that I had to knowledge of the proceeding against me I now have to face these charges and I am very concerned.Please note that when I went to court the hearing focused on whether I knew about the offence and subsequent proceedings against me which I maintained I did not know. I signed the declaration on this basis.
In my defence I wasn't driving the car and I can prove it as I drive a company car and was in a meeting 50 miles away from where the offence took place. Having investigated how I could have withheld information I have now found that although my drivers licence address been amended by the DVLA 8 months before the offence having moved property after a messy divorce my log book was not updated hence the reason why the initial summons went to my old address. Prior to purchasing this vehicle I have only ever driven company vehicles for over 10 years and this is the first vehicle I have actually ever owned so I was not use to knowing exactly what to do and was only aware that it was an offence not to change my licence but not my vehicle log book which was overlooked. My ex-wife who got all the summons correspondence deliberately failed to pass on any correspondence to me after my mail redirection ran out.
Over the period I was able to tax, mot and insure the vehicle and it was never highlighted
to me that my log book needed to be updated. At the moment I am confident that I can prove that I wasn't driving the vehicle and prove why I didn't receive the correspondence however I am unsure how to play it given the circumstance. Can anyboby help.....??
Can anybody tell me that if I supply the name of the driver (which I must stress I have never been asked) what are the best and worst case senario's???

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Sat 31 Jul 2010 21:04
Ford Focus - Facing Prosecution what can I do - Armstrong Sid
In my defence I wasn't driving the car and I can prove it

....when what happened? Nowhere in the piece do you tell us what exactly the original "offence" was. So who was driving the vehicle when something is claimed to have happened?

I've been summons to appear in court charged with withholding information about the identity of the person driving my vehicle and any offence related to breaching schedule 2 of the road traffic offenders act 1988.


Do you know the identity of the person driving, and do you know what it is they are alleged to have done?

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Sat 31 Jul 2010 21:14
Ford Focus - Facing Prosecution what can I do - renno

Yes I do know who was driving and I do know what offence was committed. But I am adamant that I have or didn't seek to deliberately withhold any information. I just wasn't aware for the reason stated that anyone was asking.

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Sat 31 Jul 2010 21:21
Ford Focus - Facing Prosecution what can I do - Collos25

I am sure some legal beagle will come along and advice ,but what is wrong with telling the truth tell them who was driving and tell them why you did not receive the original post.

If you start digging holes it becomes more difficult to get out.

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Sat 31 Jul 2010 22:50
Ford Focus - Facing Prosecution what can I do - martint123

I'm curious as to how you taxed your car? The renewal goes to the address on the V5. and if renewed online the disc gets sent to the same address?

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Sat 31 Jul 2010 23:41
Ford Focus - Facing Prosecution what can I do - Vitesse6

Only thing to do is tell the truth. If you try and dodge it, it is bound to come back on you and make things worse. Judges take a dim view of people who knowingly tell them fibs.

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Sat 31 Jul 2010 23:49
Ford Focus - Facing Prosecution what can I do - bathtub tom

>>was only aware that it was an offence not to change my licence but not my vehicle log book which was overlooked.

IIRC 'ignorance of the law is no plea'.

Sorry to be unsympathetic, but I don't see who else you can blame.

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Sun 1 Aug 2010 10:30
Ford Focus - Facing Prosecution what can I do - Collos25

I'm curious as to how you taxed your car? The renewal goes to the address on the V5. and if renewed online the disc gets sent to the same address?

Could you not tax it at the post office if you showed all the docs you do not need the reminder slip just some money.

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Sun 1 Aug 2010 11:21
Ford Focus - Facing Prosecution what can I do - LucyBC

This is a Section 172 offence and it carries 6 points and they usually fine heavily if they convict - around the £500 level would be common. The reason the penalty is so high is that it is designed as an "enforcement offence" designed to be punitive to make you reveal the information.

The DVLA will not update your vehicle licence because you updated your driving licence. You have to tell them to update it. Providing the NIP and the request for information was served on the address held by the DVLA then is is probably valid.

Section 172 means that if you know who was driving you are required to disclose it and if you fail to do so you will be prosecuted and penalised.

It makes no difference that you can show you were not the driver. Given that you clearly do know who was driving if you refuse to disclose the mags make takle the view that you are deliberately preventing justice being done and will rack up the fine further (£1000 is possible).

But:

If you were not aware of the request for information then you obviously cannot supply the information so you need to make a statutory declaration to that effect.

You then need to name the driver (and should have done so immediately) at which point we can probably persuade the police to drop the charges.

Whether or not the named driver can still be prosecuted will depend on the date of the original speeder. If it is more than 6 months then they cannot.

You need legal help with this case. Please email me with more information including a contact telephone number. My email address is lucy.bonhamcarter@autolaw.co.uk

I will then arrange a free advice call.

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Sun 1 Aug 2010 13:18
Ford Focus - Facing Prosecution what can I do - renno

Correct it would appear that legal advice is required so I have emailed you and would appreciate a call.

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