Failure to provide

[monkey98]

Hello,

Can any please help, i received a summons for failure to provide information to an alleged speeding offence, i did not receive anything but the summons.

I wrote back pleading guilty but putting in mitigating circumstances that I had not received anything but the summons, i received another court date saying i had basically made a contridictory plea.

My court date is the 6th Aug, but im seriously considering writing and pleading guilty, I was going to get a statement from my local post master for court, but he has since passed away, I have one from another address that I receive post for and the receive post for me, there is another address but there's never anyone in when I call round.

Please can anyone help, its making me ill im that stressed.

Thank you in advance

[monkey98]

A bit of further information, I have been a van driver, and 6 points would make me practically unemployable in this field, I am also short on cash, and so the hike in insurance would make me unable to insure my car, i have a clean licence at present and struggled to pay the £254 premium.

[Aretnap]

Plead guilty to failure to provide driver detsils and you will get a mandatory six points, a large fine and a big hike in your insurance premium for the next five years (the MS90 conviction means insurers will wonder what you did that was so terrible that 6 points and a £500 fine seemed like a better option than owning up to it).

 

However if you did not receive the requirement to name the driver then you are not guilty of failure to provide and the correct plea is not guilty. This is why the court would mot accept a guilty pea - what you wrote in the mitigation section was not mitigation at all but a defence to the charge. The court will not allow you to plead guilty, then say by the way I'm actuallynot guilty.

 

Your problem though will be convincing the magistrates that you never received the

requirement. You mention several addresses, but which one was it sent to? If it was your

own vehicle, is your address on the vehicle logbook up to date? If it's a works vehicle,

did your work provide the correct name and address? Do you regularly have problems with your post at the address it was sent to?

 

Have you been charged with failure to provide alone, or is there also a speeding charge on the summons?

[monkey98]

there is intermittent problems with the post, i mentioned it to the post master in our village who has since passed away, i was going to see if he could write me a letter to say it is an on going problem.

The address it was sent to was in the next village, i sometimes receive some of there post as well, i only found out they receive some of mine when this happened.Ii decided to go and inquire, the other address we receive post for I have not been able to get in touch with (there's 2 address I receive post for)

I have a letter from one of the address stating that they have received my post and that it has the correct address on (for me) and is SOMETIMES put back in the postbox with not at this address on.

It wasn't my car, it was a courtesy car last July when I took mine for a service.

I believe its both speeding and failing to provide, but im not 100%

[monkey98]

what evidence could i collect to try and convince the courts?