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Help - court order for failing to supply driver details!


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Hi,

 

I have only just got back from work to find a letter from 'Lincolnshire magistrates courts central finance'

It states that I have had the following imposotion - "Failure to supply driver Identity" and that I owe £600.

Apparently, I have the only options of paying the bill or going to court in July.

Thing is, this is the 1st Ive heard of it! I dont even know what its for!

I can only think its for either a speeding ticket or failure to disclose my name in an accident... I really have no clue.

 

The date the charge was added to my name was on the 22nd August 2008. I can only think that as I had literally moved out of my house on the 1st august that I must have missed the post by 3 weeks or so and that it didnt get forwarded onto me.

I have now lived in 2 houses since that date so maybe they have been playing catch-up.

 

I do not remember being caught by a speed camera. I have been a driver for nearly 20 years and never had any points for any offence, or had an accident for that matter.

 

The thing is, if this is my charge, can I contest the amount I have to owe?

The £600 is split into 3 categories..

1) Failure to supply driver identity - compensation £15

2) Failure to supply driver identity - crown prosecution costs £60

3) Failure to supply driver identity - fine £525

 

I am on a decent income but feel really aggrieved as to having to pay so much for an offence i knew nothing about and perhaps didnt even do.

 

Any advice will be helpfull before I give them a call om Monday.

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If you didn't receive the paperwork you will need to fill out an application to have the conviction set aside and apply for a new hearing. You should contact the Licolnshire magistrates court, explain what has happened and ask them what you need to do. (Alternately some of the regulars on the forum may be able to point you at the correct form etc).

 

You have been tried and convicted in your absence of an S.172 offense failure to supply drivers name. You may also find that there are 6 points to be added to your license. So you need to act quickly.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Cheers for that, I shall call Monday like I said.

I have a police friend over here at the minute with me and he is just as baffled as me. Particularly when the letter doesnt state what the offence is for and for what car and for when!

I can see me being hit hard for something that was completely oblivious to me. Doesnt seem fair when my fine is at £600, whereas my policeman friend says that idiots that drive without insurance only get fined around £250. He says he has never known a fine as high as £600 for a minor motoring offence.

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The offense is failing to supply a name which has its own penalties and they are pretty severe. If you think about it its obstructing the course of justice by not supplying the information. Thats why its such a severe fine and also they frequently give you 6 points as well.

 

Bear in mind you may still have to answer charges for whatever offense this S. 172 has been issued.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Very true, but if you are totally unaware of the offence how can you be charged for something that you didnt know anything about?

Also, we are both sat here puzzled as to why there is a £15 compensation element added to the bill! Who am I paying compensation too.

Hasnt half messed up my friday evening this!

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I believe the compensation bit is the "victims compensation" which is added to all offence fines. I know you don't have a "victim" in a speeding offence, but it is just a way of generating funds into the central pot from which victims may claim compensation.

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get it 'put aside' as first priority. there are statutory defenses to S.172. During this period were the DVLA records updated/correct with an address where you could be contacted ? It doesn't have to be you own own address but it does have to 'quailfy'.

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Hi, nope, with the mess of moving house I never changed my details with the DVLA. Something I will do first thing Monday. I wonder if this is why the fine is so high? The fact that I havent responded to any letters?

You say I need to get the court order 'put aside'. What is that and how do I go about doing it?

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Well, I phoned the courts today and spoke to a really helpful person actually.

She told me I needed to put into writing the reasons for me not recieving anything from them up until now and they will re-look at the case.

She also mentioned that the fine will most likely get reduced back to a normal speeding fine. (apparently I was doing 61mph in a 50 zone on the A1) due to me not getting any paperwork till last friday on the matter.

Im hoping she hasnt got my hopes up, because a fine of £60 is alot more appealling that £600!

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It is probably too late to proceed with the speeding offence now.

 

What is surprising is that you haven't mentioned any requirement to surrender your licence for penalty points to be applied (6 for failing to disclose)

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