Court time

[Resurrection]

Evening all,

I'm in court in the morning accused of failing to furnish information about who was driving my vehicle back in January 2014. I got a letter from Greater Manchester Police and responded accepting responsibility. I heard nothing else until this court letter appeared. From what it says, i have apparently not only ignored the letter I returned in a pre paid envelope, I have apparently also ignored a follow up.

What to do? Is this like the DVLA where my responsibility is done once I post back the information required. I'm more than happy to fess up to speeding as it was me.

Help appreciated.
____________________
ZX9r

[Joncrete Cungle]

Post a thread on pepipoo. Try and speak to the prosecution wallah beforehand and see if you can do a deal to admit to the speeding if they will drop the S172? Good luck!

[stinkwheel]

Off the top of my head. A not guilty plea with a defence using section 7 of the interpretation act 1989 (as you suggest) ought to throw the prosecution into a state of consternation but I have neither the time, sobriety nor mental space to check out chapter and verse.

You DO need to be prepared though. It's called a "postal defence" and you need to absolutely stick to your guns and be really specific about the circumstasnces under which the details were completed and posted. Be clear and positive, in detail, that they WERE definately both completed and posted. You may need to specify that this, under said act, fulfills your legal obligations. Be both concerned and appologetic that you appear to have landed up in court because you are an utterly law abiding citizen.

If they accept the defence, you do not have to produce any material proof you DID post it. It's up to the magistrate of they believe you or not. If they believe you to within a balance of probability, it is up to the prosecution to show the document was actually NOT posted to secure a conviction.

I (personally) would refrain from admitting to anything else and offer that defence on its own if it fits. You aren't being prosecuted for speeding, you are being prosecuted for failure to furnish and there is (I think) a statuatory defence so why admit to a different offence?

Do not leave it so late to plan your defence in a criminal prosecution case next time! One way to garauntee pissing off a magistrate is to appear to not be taking them seriously.

Good luck.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Rogerborg]

^^^
That.

Note that RTA 1988 S172 (7) requires Dibble to "[serve] by post", which explicitly triggers the Interpretations Act.

The form of your response isn't specified, but any reasonable interpretation would be that the same applies: served by post, Interpretations Act.

So you did "give the information". Don't go into what information you gave, just be adamant and clear that you gave it, as you were required to do, in exactly the same way that Dibble "served" the notice on you: by Royal Mail. Go with righteous indignation, not a shifty "Yehbut nobut".

There your responsibility ended. You are not responsible for lost mail, or their failure to handle it.

Next time get free proof of posting though.
____________________
Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike

[Resurrection]

It turns out that i'm a massive wang.

Left the house nice and early to get to court and see the prosecutor, got halfway to town and had a blowout on the car. Cue me phoning the AA and yada yada. Finally get the court on the phone to beg for it to be moved to later today or any other day only to be told its tomorrow morning

You think then that my defence shouldn't be just give me the original 3 points, fuck right off as I fulfilled my end when I posted it back by Royal Mail, the same way you posted it?
____________________
ZX9r

[stinkwheel]

[Ste]

[Resurrection]

[Resurrection]

Update

Failure to furnish was dropped.

Prosecutor said i'd end up with 3 points and £200. Magistrate gave me 4 points and £420 fine.
____________________
ZX9r

[Ste]

[The Disapproving Brit]

[Resurrection]

Ste, for the original speeding offenice!
____________________
ZX9r

[Fowlersrs]

Why didn't u just pay the fine originally if caught speeding?

[lihp]

[Fowlersrs]

[kitty kat]

I ended up in court a few years ago in Fleetwood for failing to respond to an NIP. I had 6 points on licence and whilst in court was told by the clerk that the original offence of speeding had been dropped and replaced by this new one. I was now looking at a minimum of 6 points and a fine. I asked if I admitted to speeding as it was obviously me on my bike could I have this failing to respond charge dropped. I was told no. Anyway case starts & I had no legal representation, nor any advice from anyone and when we start I stated that I had not received any letters concerning the speeding as if I had I would have admitted to it. The outcome was that the onus was not on me to prove I never received the letters and I walked away from court with no points and no fine as the magistrates decided there was no case to answer

[Quornholio]