hello to all

[jules2018]

Hello to everyone I have used this site before years ago but I have forgotten my sign in details so I have opened another account so I am not a newbie as such.

anyway I have not got myself into a right pickle again with a couple of issues I need some advice on if anyone can help please would be grateful.

The first issue is I have a letter from local police for failing to provide the details of driver address as I sent the orginal paperwork with the name of the person driving but I don't know the forwarding address now I am being done for this? which could include points and fine. shall I plead guilty then explain that I don't know the forwarding address of the individual of If they indeed have a valid driving licence as they were polish I think and just here to work for a while before returning home, the person in question was a lodger at my property when the alledged offence of driving through red lights was made.

The second issue is I am being taken to court for not notifying my insurance company of an incident that happened on 11 June 2016 it was a neighbour and i thought that i didn't need to notify my insurance company as we had made an agreement to settle without notifying insurance companies anyway to cut a long story short now they are taking me to court for a lot of money even when the original incident was not that serious. All that happened was i was parking my vehicle in the street where i live the neighbour had a motorbike parked near by i parked the vehicle got out of the car and the bike fell over i believe the motorbike stand was not a very good one. Anyway the neighbour saw his bike and asked me what happened the bike did not look that damaged and he got on it and drove it down the road so it was in working order, i felt like i was responsible some how and agreed to pay if there was any damages. the neighbour wrote to me with a quote of approx £250 which i agreed to and said would pay it when i next got paid. Then the neighbour said he wanted my insurance details as there was more damage than he first thought even though he had admitted to me that the bike was not working properly the week prior to the fall of the bike.
anyway to cut a long story short i thought he was not trying to pull a fast one and did not inform my insurance company now i have had a letter from a solicitor saying i owe £4,000 in county court I have no clue how they came to this figure as the bike was not that badly damaged. (incidently the letter from the solicitor had spelt my name wrong and i am tempted to just put no one lives here at that address and sent the letter back to the solicitor) I feel like he my neighbour could say anything and get away with it not a happy bunny.

[des8]

Re: hello to all

Hi and welcome back!

Re issue 1 : did you actually allow someone to drive your vehicle without ensuring they held a valid licence?
If they didn't hold such a licence you permitted them to drive your vehicle uninsured.
So that's two offences with a total potential point earning 3 to 12 points.
So in that case I would advise against letting them know you did not know if the guy held a licence or not.

When you returned the form, did you not tell them you had no forwarding address, and why not.

Re issue 2: Has the case actually been to court yet? Your explanation is unclear.

If the letter is a warning from a solicitor that court action is imminent, immediately notify your insurers, and explain why you did not report the incident earlier.
If you have a county court judgement against you come back with more details please if this is the first you have heard about it.
If you were unaware of a claim against you, and you had no chance to defend yourself, it might be possible to rewind the case.

[jules2018]

Re: hello to all

hello and thank you

issue 1 ok thanks for that advice do i plead guilty or not guilty that is the question i have the option to do either and to attend court or not. If i plead guilty will they take into account the fact i did everything i could to find a forwarding address or not?

issue 2 the letter is a warning from the solicitor that court action is imminent it is also address to the wrong person as in they have the name wrong is this significant or not? as i know it is for PCNs could i not sent the letter back saying no one lives here of that address or will this just add fire to fire. i will however contact my insurance company and explain the situation, but i am sure that they will want to know why it will cost them £4,000 for a second hand motor vehicle with hardly any damage or already had damage pre alledged incident.

[des8]

Re: hello to all

Issue 1 What is the exact wording of the charge? Can you post up a copy (suitably redacted) The RTA 1988 is quite specific about the offence.

Issue 2 DO NOT REPLY TO THE LETTER. Contact your insurers, who doubtlessly will ask you to forward it to them.
Your insurers will handle the matter for you, and if they feel appropriate will challenge the cost.
There might be a slight problem in that you have already admitted liability.
Did the solicitor's letter say anything about you advising your insurers, or them joining your insurers as co defendants in the claim against you.

[jules2018]

Re: hello to all

Thanks for your help so far.

I will put letters up on the post tomorrow when I can get to a scanner.

My only fear is that the insurance company will refuse to help because of the time limit.

[des8]

Re: hello to all

Without seeing your policy it is problematic commenting about time limits.
Most will require the policyholder to advise insures within a reasonable time, without specifying what that is.
ALL incidents, whether leading to a claim or not should be reported to insurers, in any case at renewal time at the latest, but if every minor scrape was reported insurers would be inundated!

As this is a third party claim against you, it will be very difficult for them to avoid dealing with it.

I will be off line tomorrow (family wedding!)

[jules2018]

Re: hello to all

I hope you had a lovely day at the wedding.
I couldn't get to the library but I can type hear what the charges are for issue 1 in the meantime

The charge is failure to give information relation to the identification of the drive/rider of a vehicle when required
countrary to section 172(3) of the road traffic act 1988 and schedule 2 to the road traffic offenders act 1988.

If I plead guilty I don't have to attend court and will be given points and a fine the minimum being to cover costs £85 but this will not I feel give me the chance to explain I did all I could to find a forwarding address for the alledged offence and they will just find me guilty and give me points and fine.

If I plead not guilty and I am found guilty then I will have to pay a lot more in fine costs apparently, I know this is to deter people from pleading not guilty as they just want to put people through the system with no issues and just hand out points and fines. its more time and paperwork for them which they hate I know.

[des8]

Re: hello to all

I bet the charge doesn't include section 172 (4) which states: "A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was"

So if you can show you used reasonable diligence you do have a defence.
Whether or not you risk it.....

Minimum might be £85, but maximum is £1000 being level 3 on standard scale.

[jules2018]

Re: hello to all

thank you for that information. incidently does section 152 (1)( a) of the Road traffic Act carry points and a fine?