Oxfordshire case study - Failing To Name The Driver

Intro

Just before Christmas, we were contacted by a fairly panic stricken motorist. He had just received a ‘further steps’ notice from a magistrates court, concerning a driving fine that they said he owed. His initial reaction to receiving the notice was ‘what fine?’ He then contacted the court, which is when the can of worms was truly opened!

Summary

  • The motorist had been convicted, in his absence, of two cases of failing to provide driver information (known as a Section 172 contravention). 
  • For each of those motoring offences, the court had imposed 6 penalty points on his driving licence and a financial order.
  • As he had therefore accrued 12 penalty points for motoring offences committed within a 3-year period, the court had disqualified him from driving for 6 months. 

All of the above without our new client knowing a thing about it!

Action

We had an urgent initial consultation with our client. His problem stemmed from several house moves in recent years. This resulted in the police sending Notices of Intended Prosecution (‘NIPs’) for two speeding allegations and other papers to a previous address.

Our , team fully prepared the case and then attended court early in the new year to make representations to the Crown Prosecution Service for the discontinuance of both matters. They accepted our representations and withdrew both matters. Therefore the sentence that our client had previously received was, in effect overturned.

Conclusion

Our client went from having:

  • two motoring convictions,
  • a 6-month disqualification and
  • two hefty financial orders

to:

  • no motoring convictions,
  • no penalty points,
  • no disqualification and
  • no financial order.

We even managed to persuade the court to authorise the reimbursement of his assessed legal and travel costs!

We blog about this particular motoring case, as our client was initially reluctant to instruct a expert motoring lawyer to represent him. He was trying to weigh up the legal costs costs against the possible benefits.  Fortunately, he chose to be represented by our specialist national law company.

The IYDL team secured a very favourable outcome, after much preparation. Our grateful client accepts he would not have ended up with the same result had he represented himself.   

Do you know of anyone with the following issues:

  • A notice of Intended Prosecution for speeding or other road traffic offences?
  • A postal charge and requisition or summons to attend the magistrates court?
  • Is the subject of a police investigation?

Then contact us asap for an initial, no obligation, brief conversation about the problem. This will be in the strictest confidence. We offer nationwide effective advice, assistance and support to hard pressed motorists.

A WORD FROM OUR CLIENTS

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