Magistrates court for failing to identify driver

[robinson86]

Afternoon all really hoping someone can offer some advice and possibly hope.

Last week I received a letter from Stafford Magistrates relating to a speeding offence in January (think it was 56 in a 50) the letter requested me to attend the magistrates court on 4th September as I was being considered for a ban for failing to identify the driver of the vehicle. I rang up immediately as I know I completed and returned the form admitting I was the driver at the time of the offence. A few further phone calls followed and it was agreed I should out all my thoughts and beliefs into a letter and deliver it to the court asap I did this and included both parts of my licence.

The letter is attached with personal information edited out so as not to identify anyone involved I should stress the vehicle I drive is a company vehicle so registered with a leasing company.

I received a phone call in relation to the letter today stating I still needed to attend the magistrates court to address the failing to identify but if I pleaded guilty to the speeding in court that may be re-opened as opposed to the identity. Obviously I am going to attend as I know the forms were returned and have booked the day off but have a few questions.

Would the forms from the lease company and my employer gone to the police and if so should these forms be in my file that is with the court?

As its a magistrates court will I be in front of a panel similar to family law courts?

Has anyone been in a similar situation or could offer any advice on what my options are or what I could/should do?

I currently have 6 points on my licence obviously the conviction for failing to identify driver of vehicle is 6 points which would give me 12 and a ban. If this happens I lose my licence and my job, this inturn means I cant work and wont be able to make csa payments for my two young children. What are the chances of the court taking this into consideration?

Finally at my previous employer a colleague was followed doing over 100mph and issued with a ban. Because of this he would have lost his job but the court agreed to a two week ban which he took as annual leave at work. I have two weeks holiday coming up in September and if it meant me keeping my job am more than happy for this to happen would it be considered an option?

Thanks in advance

[mystery1]

Re: Magistrates court for failing to identify driver

Did you not get a summons ?

M1

[robinson86]

Re: Magistrates court for failing to identify driver

Not that I recall but I live in a block of flats where letterboxes where vandalised a few months back and post missing

[mystery1]

Re: Magistrates court for failing to identify driver

Have you been convicted and are awaiting sentence ?

M1

[robinson86]

Re: Magistrates court for failing to identify driver

Have you been convicted and are awaiting sentence ?

M1

no this will be first time on court as said i sent reply back they havent received though. quick update just rang dvla i only have 3 points valid towards bans the other 3 points are in final year so not valid

[mystery1]

Re: Magistrates court for failing to identify driver

Attend the court. Ask a court official to point out CPS to you. Speak to to them pointing out that you did in fact send a reply etc and that if they drop the failure to furnish charge you will plead guilty to speeding. Normally they would agree.

Once you have been found guilty of speeding only, explain the circumstances of the case to the court (Reply sent, not received/lost) and that you would like to refer them to page 189 of the sentencing guidelines and to only impose the 3 points and £60 fine you thought you had accepted by returning the form.

M1

[bluebottle]

Re: Magistrates court for failing to identify driver

It's not beyond the realms of possibility that the court staff mislaid or lost the Notice you received and returned to the court. This does happen, from time to time, and rather than admit to this, it's easier for them to say they didn't receive it. Naughty, I know, but it does go on. I once took a defendant in front of a magistrates court, in London, for criminal damage, only to find the defendant's court file had been lost.

[robinson86]

Re: Magistrates court for failing to identify driver

thanks mystery have been over at pepipoo and this seems to be the general theory over there aswell just cant lose my licence as it affects my job kids etc pretty much everything so just really sweating about it.

i think that is exactly what has happened bluebottle. the staff on the helpdesk i spoke to on the phone said there was no correspondence on file at all. should the correspondence from lease company and my employer be on the file or not?

[swifty]

Re: Magistrates court for failing to identify driver

Surely they must have some correspondence on file, how else would they have known to bring you in front of a judge, as you said "it's a company vehicle so registered with a leasing company"

[bluebottle]

Re: Magistrates court for failing to identify driver

thanks mystery have been over at pepipoo and this seems to be the general theory over there aswell just cant lose my licence as it affects my job kids etc pretty much everything so just really sweating about it.

i think that is exactly what has happened bluebottle. the staff on the helpdesk i spoke to on the phone said there was no correspondence on file at all. should the correspondence from lease company and my employer be on the file or not?

If they say there is no correspondence on file at all, how do they explain your employer, the leasing company and you all receiving Notices? I think you need to speak to the Court Manager, not the Helpdesk.

[robinson86]

Re: Magistrates court for failing to identify driver

If they say there is no correspondence on file at all, how do they explain your employer, the leasing company and you all receiving Notices? I think you need to speak to the Court Manager, not the Helpdesk.

the woman who contacted me today regarding my letter said that hay woild have gone to the police not the court but surely if they are relevant to my case the court should have them?

[bluebottle]

Re: Magistrates court for failing to identify driver

When a Notice to Name Driver is served, that comes from the police force concerned and the response goes back to them. The police then give you the option of receiving a fixed penalty plus points or contesting it in court. However, if you choose the latter, the police have to lay an information before the magistrates court in order to obtain a summons to serve on you. Try Staffordshire Police and find out what has happened. The contact details are -

Staffordshire Police Central Ticket Office - 01785 234981

Traffic and Process Office
Staffordshire Police Headquarters
PO Box 3167
Stafford
ST16 9LZ

Give them a try.

[robinson86]

Re: Magistrates court for failing to identify driver

When a Notice to Name Driver is served, that comes from the police force concerned and the response goes back to them. The police then give you the option of receiving a fixed penalty plus points or contesting it in court. However, if you choose the latter, the police have to lay an information before the magistrates court in order to obtain a summons to serve on you. Try Staffordshire Police and find out what has happened. The contact details are -

Staffordshire Police Central Ticket Office - 01785 234981

Traffic and Process Office
Staffordshire Police Headquarters
PO Box 3167
Stafford
ST16 9LZ

Give them a try.

thanks will ring them tomorrow and let you know what i hear back

[robinson86]

Re: Magistrates court for failing to identify driver

Spoke to a police officer friend of mine who sent me this link http://www.cps.gov.uk/legal/p_to_r/road_tr...ces/#P385_41179 seems to think the 6 month rule may apply to myself?

His advice attend court request legal representation (which would be at public expense) and see exactly what the prosecution has. Seems abit risky for me.

He also suggested maybe pleading guilty to the speeding and not guilty to the failure to disclose as and I quote:

There is no way the court will run a trial and subject the public purse to an expensive process when the initiating offence is admitted, and the secondary offence cannot be proven beyond all reasonable doubt.

So all seems to be in favour of pleading guilty to speeding which I have never denied so thats my next step after ringing ticket office to see where NIPs have gone and also magistrates to see if a summons was ever issued.

[bluebottle]

Re: Magistrates court for failing to identify driver

I am a retired police officer. The six-month rule applies to most summary offences, including traffic offences, but not the more serious ones, e.g. Causing Death by Dangerous Driving, which fall under a different set of rules.

If the NIPs and summons cannot be traced, you may be asked to swear a Statutory Declaration at the court. However, you need to first ring the Traffic and Process Office of Staffordshire Police and the Court Manager at the relevant court.