Imagine receiving a court summons for failing to respond to a letter from the police. The problem is, you never received the original letter in the first place. It sounds like a nightmare, doesn’t it? But while, it might sound unlikely, It’s a situation you could find yourself in, sometimes through no fault of your own.
Recently, it was reported that between 10,000 and 11,000 pieces of mail had been recovered from the home of a former Royal Mail worker in Bury. The discovery raises questions about the consequences of important correspondence going missing, particularly when there are legal obligations attached to responding.
For motorists, one potentially serious consequence is being charged with failing to provide information relating to the identification of a driver.
So, what happens if the police send you a letter requesting driver information, but it never arrives? And what can you do if you find yourself facing prosecution as a result?
What is the offence of failing to identify a driver?
Under Section 172 of the Road Traffic Act 1988, the registered keeper of a vehicle can be required to provide information identifying who was driving when an alleged motoring offence took place.
This commonly happens following offences such as speeding or failing to comply with a traffic signal. The police will typically send a Notice of Intended Prosecution (NIP), accompanied by a Section 172 request for driver information, to the registered keeper’s address. As the recipient, you’ll have 28 days from the date the notice is served to respond.
Failing to provide the required information is a separate criminal offence, regardless of whether the original alleged motoring offence would have resulted in a conviction.
The consequences for this can be significant, including:
- Six penalty points on your driving licence.
- A fine of up to £1,000.
- Potential disqualification from driving, depending on your circumstances and existing penalty points.
If you rely on your vehicle for work or family commitments, the consequences of a conviction can be particularly disruptive.
What if you never received the letter?
The law allows police to serve a Section 172 notice by post. Where a notice has been properly addressed and posted, there is generally a legal presumption that it has been delivered.
However, that doesn’t mean a motorist is automatically guilty of an offence simply because the police can demonstrate that a letter was sent.
Under Section 172(7)(b) of the Road Traffic Act 1988, a person may have a defence if they can demonstrate that it was not reasonably practicable to provide the requested information within the required period and that they provided it as soon as reasonably practicable afterwards where applicable. This can include circumstances where the original notice was never received.
The courts have previously considered this issue. In R (Purnell) v Snaresbrook Crown Court [2011], the High Court recognised that non-delivery of a notice could provide grounds for a defence under Section 172(7)(b). Importantly, simply stating that a letter never arrived won’t necessarily be enough. The court will consider the evidence and the circumstances of the case, with the motorist required to establish the statutory defence on the balance of probabilities.
What should you do if you’ve been charged?
If you’ve received correspondence relating to a prosecution for failing to identify a driver, but never received the original request, it’s important to act quickly.
1. Don’t ignore the correspondence
Even if you believe the prosecution is unfair, ignoring a court summons or other legal correspondence could make matters worse. Take note of any deadlines and seek legal advice as soon as possible.
2. Check your vehicle registration details
Make sure the address recorded on your vehicle’s V5C registration certificate is correct. An outdated address can complicate matters, particularly if the police sent the notice to the details held by the DVLA.
3. Gather evidence of postal problems
If you’ve experienced missing or delayed post, gather any evidence that could support your account. This might include complaints made to Royal Mail, correspondence from neighbours experiencing similar problems or evidence of wider postal disruption in your area.
The recent reports from Bury demonstrate why this evidence could be particularly relevant, although wider postal problems alone won’t establish that a specific notice went missing.
4. Seek specialist legal advice
A solicitor experienced in road traffic law can examine how the notice was issued, whether the relevant legal requirements were met and whether you have grounds to defend the charge.
The circumstances of each case will be different, so understanding your legal position before entering a plea is important.
What if you’ve already been convicted?
In some cases, you might discover that proceedings have already taken place when you receive notification of a fine, penalty points or enforcement action.
If you’ve been convicted without knowing about the court proceedings, you may be able to make a statutory declaration under Section 14 of the Magistrates’ Courts Act 1980. This is a formal declaration that you were unaware of the proceedings. It will generally need to be made within 21 days of discovering them, although the court has discretion to accept a later declaration.
A valid statutory declaration can set aside the previous proceedings, giving you an opportunity to address the allegation. However, it doesn’t automatically mean the underlying charge will be dropped, and the prosecution may be able to begin proceedings again.
For that reason, it’s important to obtain advice on both the statutory declaration process and any potential defence to the original charge.
How Gorvins Solicitors can help
Being prosecuted for failing to identify a driver can be incredibly frustrating, particularly when you had no knowledge of the original request. But it’s important to remember that there may be legal options available to challenge the allegation.
At Gorvins Solicitors, our specialist Road Traffic Law team regularly advises motorists facing a wide range of motoring offences, including failing to provide driver information. Amanda McIntosh, Associate in our Road Traffic Defence team, has extensive experience representing clients in the Magistrates’ Court and Crown Court. She can help you understand your legal position, assess the evidence and determine the most appropriate course of action.
Whether you’ve received a court summons or have only just discovered that you’ve been convicted, we’re here to help you navigate the process and protect your interests.
Contact us today to discuss your legal matter. Call us on 0161 930 5151, email us at enquiries@gorvins.com or fill in the online form.