Failure to provide information

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Failure to provide information

Postby stbrides » Sun Mar 02, 2014 4:26 pm

Last year a friend showed me a notice of intended prosecution with the offence being failure to provide the identity of the driver at the time of the alleged speeding offence. The road mentioned has cameras on a short downhill run which is likely good for income generation. I had no previous dealings with his case so cannot be sure what paperwork if any he got. Whether or not he received other paperwork, he did not accept it.

There was an invitation to the court. I looked at it closely. It had a different date of birth from that of his legal person.
He was working in Ireland most of the time and so he got his partner to write a letter to the court stating there was no person with those details at that address. This of course was true. The paperwork referred to some other legal person.
I took the letter into the Magistrates court for her. I tried to hand it into the court room where the case of this legal person was. The usher would not take the letter, he said he was not authorised to. He directed me to customer services. The woman at the counter would not take the letter as she said she was not authorised to open it. So I opened the envelope and gave the letter to her.
Shortly after the police called on the house to ask the occupant whether or not the person was there. My friend's partner had a shock. Her partner was actually in Ireland but she said he was somewhere else, no idea why but she did. The police left.
My friend didn't hear anymore, a good 6 months passed and we thought that was done with.

He has just received a bailiffs' letter from Marstons.
The legal person was tried and convicted in the absence of anyone. The court fined a non-existent legal person. There was no case against his legal person despite the court being informed there was something wrong. The full information was not given to his partner by the police so she could confirm or refute the presence of the person they were looking for.
The case against my friend's legal person was not laid with the court within the time limit.
I believe he did exactly what you would do it you got a summons for the wrong person. The court was told it was none of the persons associated with that address.
Now he says he would have no idea who was driving as it about 10 months ago.
The DVLA has not been in contact.

He intends to contact with court to say he will be providing a Stat Dec so that Marstons will not be knocking on the door and frightening his partner.
I am not sure how to advise him.
Any suggestions?
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Joined: Sun Jun 16, 2013 8:57 pm

Re: Failure to provide information

Postby pitano1 » Sun Mar 02, 2014 5:51 pm

bailiff info.

if one cannot recall,a fact...its quite acceptable.. :giggle:

this,would be..very much in your friends favour,if their are/were
more than one...named driver,on the insurance policy
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
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Location: on the land

Re: Failure to provide information

Postby stbrides » Sun Mar 02, 2014 8:10 pm

Thanks for that pitano
The links to the bailiff sites look really helpful and there appear to be helpful links to base the Stat Dec on - I have passed the info on.
Posts: 7
Joined: Sun Jun 16, 2013 8:57 pm

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