Failing to Provide Details

ChumLee

Stresshead2014 wrote: »

According to the solicitor they don't have to impose the maximum punishment and it depends on the leniency of the judge/magistrate/prosecutor and whether or not they can see that a mistake was made or they believe that I was intentionally trying to not provide details.


He also advised that if a harsh punishment is passed down I should appeal.

But it's six points regardless of the severity of the fine.

Stresshead2014

ChumLee wrote: »

But it's six points regardless of the severity of the fine.

Not according to the solicitor, 6 points + fine is the maximum punishment. They can choose not to endorse.

ChumLee

Stresshead2014 wrote: »

Not according to the solicitor, 6 points + fine is the maximum punishment. They can choose not to endorse.

Does your solicitor know the meaning of mandatory?

If your convicted it's 6 points or a ban.

Car_54

Your solicitor is an idiot.

Yes, you can appeal, but the costs could be horrendous. Not least the fees to the said solicitor. Oh, maybe he isn't an idiot.

ChumLee

Car_54 wrote: »

Your solicitor is an idiot.

Yes, you can appeal, but the costs could be horrendous. Not least the fees to the said solicitor. Oh, maybe he isn't an idiot.

He'll need a barrister for Crown Court then.

matttye

Speak to the prosecutor beforehand and bring evidence with you that the change of keeper predates the speeding offence. Try and persuade him/her to drop the matter as it's not in the public interest to proceed. You may even wish to try and contact them before the hearing to prevent wasted costs in them having to turn up.

The 'evil' that the legislation is supposed to combat is people trying to get out of speeding charges by not responding to notices. This is not what you were doing; you just didn't reply because you had sold the vehicle and assumed they would write to the new keeper. It's an honest mistake that could happen to anyone not familiar with the legislation.

Stresshead2014

Don't know if anyone is interested now but I had my day in court yesterday. The Magistrate was sympathetic to my case and although I did get 6 points, all costs were removed and the fine was levied at the original fine that the speeding offence would have imposed. Glad it's all over. I will be filling in any forms that come through my letter box in future. Lesson learned.