KNOW YOUR RIGHTS
But specifically, when a request for driver information is sent to an old address the Court will look at why it was sent there. There is a case called Purnell which states that when a person moves address they have to update their V5 document, and they cannot argue it was “not practicable” to respond if the request was sent to an old address because of the defendant’s fail- ure to update the V5.
You mention when you moved you updated your driv- ing licence, however you have not mentioned the V5. This will be the key point. If you updated just your licence the DVLA will not automatically update the V5 as well. You have to do this separately.
When a speeding offence is committed the police will simply have the vehicle registration number and they will get the address from the V5, not from the driving licence. And so if your V5 was still registered at your old address and that is why the request for information was sent to an old property, then you may not be able to argue that it was “not practicable” to respond.
And so I would like more information from you as to whether, when you moved, you updated the V5 as well as your driving licence. If you did update the V5 and the reason it was sent to an old property was because the DVLA had simply failed to update their systems or because the police just got it wrong, then we may have a case. Similarly, if you have moved and you have a postal redirection in place then we still may be able to argue that the notice was not properly “served” on you.
But if neither of these apply and the request for infor- mation was simply sent to your old address, then you may not have a defence. In that case, it may be worth trying to agree a deal behind the scenes with the Crown Prosecution Service to see if they would accept a guilty plea to the original offence of speeding in return for withdrawing failing to provide driver infor- mation. It is not ideal, but may leave you with a better sentence than six points and £1,000 fine.
Call me as soon as possible, if you have a court date next week we will need to get to work right away.
Q
I’ve been asked by the police to attend an inter- view because of a minor collision. A couple of weeks ago I was working and came to a narrow point in the road where it was barely wide
enough for two cars. I was already halfway down the road when this other car appeared and just came towards me. There were parked cars on his side of the road but he just carried on coming, I pulled over to the left as much as I could but he just didn’t stop and he
APRIL 2018
clipped my mirror. It was only minor contact and he drove off anyway. There were some minor scratches to my car but nothing that won’t polish out. But it defi- nitely wasn’t my fault.
The next day I received a letter from the police warning that I was going to be prosecuted for driving without due care and attention, failing to stop and failing to report. Now, the police want me to attend an interview. Do I need representation and what should I say?
A
To put it bluntly, yes, you will need representa- tion.
Failing to stop and report an accident are seri-
ous offences that each carry between five to ten penalty points or a disqualification in serious cases.
When an accident has occurred and damage is caused the driver of a vehicle is expected to stop at the scene and exchange details with the other driver, and if they do not then they must report the matter at a police sta- tion or to a police constable as soon as possible. If you have done neither then you could be guilty of both of these offences, even if the accident was not your fault.
At the beginning of the interview the police will cau- tion you and will advise you that “anything you say can be given in evidence”. And so if you admit that there was damage and you admit that you did not stop and also that you did not report it, then you are giving the police the evidence they need to charge you. At court, it would be no good arguing that the accident was not your fault – that may well be a defence to driving with- out due care and attention, but it would not hold any weight for failing to stop or report, and you may end up receiving a large number of points.
I would advise that we contact the police as a matter of urgency to find out more about what the other driv- er is suggesting. Instead of attending an interview I would prefer to make representations to the police to try to persuade them either to leave the matter to be dealt with by the insurance companies or alternatively to offer you a place on a driver improvement course instead of taking you to court. The police do have both of these disposals at their discretion. It is clear there was no criminality on your part as the incident was not your fault and we may be able to persuade the police to deal with it that way.
This impartial advice has been provided by Patterson Law Solicitors Patterson Law - 01626 359800
www.pattersonlaw.co.uk
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