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Motoring offence 23/04/2010 - hazeltop

>> I have been taken to court for not returning the the fixed penalty notice
>> in sept 2009. To my knowledge they have received it so I pleaded not
> guilty
>> last week the magistrates told me to get legal advice and possibly change
>> my plea to guilty. now this is what i am willing to do but i was not
>> driving the car at the time and after filling in the notice i gave it to
>> the driver (this i no now was a mistake) who admits he was at fault
>> speading (38pm) and does not have a problem giving out his information so
>> after I had filled it in I gave it to him to put his information on and
>> also the fine notice He went to the post office got postal order and sent
>> it all of together. Blackburn constabulary for the DVLA say they have not
>> received any form back so i am going to be prosecuted. I went to court
> with
>> all the information regarding the driver plus a letter from him saying it
>> was all his fault, but i was told it was nothing to do with him it was me
>> for not sending the form. I can not remember everything as my head was in
>> bits last yr (both my son and husband were in and out of hospital very
> very
>> ill) Aug my daughters marrage broke down very upsetting. So I can not
>> recall all the notices they say they sent me. AS ANYONE OUTHERE HAD A
> CASE
>> LIKE MINE OR NEAR TO. Please as anyone any advice for me. If you need
>> anymore info ask.

Edited by HJ Editor on 25/04/2010 at 12:07

Motoring offence 23/04/2010 - LucyBC

You have a legal responsibility to name the driver on the form and a failure to do so can result in 6 points and a substantial fine.

However this is an enforcement measure and normally if the person who convicted the offence accepts responsibility the CPS can be persuaded to drop the case on the Section 172 failure to identify driver charge.

I can assist you with this but I need to know if the case is still active and if so when it is due to come to court. Contact me via the Ask Honest John link.