Forrest Williams are a specialist firm of solicitors with vast experience in cases of failing to disclose driver’s details. If you need legal help for failing to disclose driver’s details, call us now on 01623 600645.
Denise came to us with what was a relatively minor offence.
Denise was the holder of a clean licence, which she had held for over 10 years, and was facing charges of Failing to Disclose Driver’s Details and Speeding. Failing to disclose driver’s details is an offence which carries 6 penalty points.
Denise could have easily accepted the points, and carried on driving as if nothing had happened, but Denise was not at all guilty of Failing to Disclose Driver’s Details.
The charge had originated from a Speeding Offence – 27mph in a 20mph zone. A charge which Denise would have been more than happy to accept as she knew she was guilty of the offence. However, Denise was never notified of any possible prosecution being brought against her, until it was too late.
When a person is caught speeding by a camera, the police have to issue a Notice of Intended Prosecution to the registered keeper of the vehicle within 14 days of the offence, and then issue a reminder notice if a response is not received. After this if no response is received within the 28-day time limit then the Police have every right to charge the person addressed on the Notice of Intended Prosecution with Failing to Notify Driver Details. Similarly, if the Police decide that the information given on the Notice of Intended Prosecution does not satisfy the legal duty to disclose, then a charge of Failing to Notify Driver Details can be brought against that person too.
Denise did not receive this first Notice of Intended Prosecution, nor did she receive the reminder.
The first time Denise became aware of the offences was when she received a Single Justice Procedure Notice months after the offence stating that she had been charged with Speeding and Failing to Notify Driver Details.
Denise was confused by the whole thing – In her eyes she hadn’t been given the opportunity to provide driver details, so how could she be facing a charge of Failing to Notify Driver Details?
We looked into this matter, and explained that the most likely scenario was that the Notices of Intended Prosecution had been lost in the post if she had not received them.
After discussions with Denise, we wrote to Luton Magistrates Court and explained the circumstances of the offence and entered her Guilty plea to the charge of Speeding, and Not Guilty plea to Failing to Notify Driver Details. For the speeding offence we asked for it to be dealt with by way of a fixed penalty as this would have been sure to happen if Denise had actually received the Notice of Intended Prosecution in the first place.
After a few short days we were contacted by the court with an update on Denise’s case. The charge of Failing to Notify Driver Details had been withdrawn, and for the Speeding charge Denise had been given 3 points on her licence and was fined a total of £100 – the same result as a Fixed Penalty!
Denise had got the outcome she wanted and deserved all without having to actually attend a court hearing, because she had instructed us at such an early stage.
If you are facing a charge of failing to disclose driver’s details, our expert team can help. Call us now on 01623 600645. We are a private, specialist firm who assist people across England and Wales.
