Motoring Advice Blog

Matilda Swanwick was delighted this week to receive the news from Forrest Williams that her charge of failing to notify driver’s details had been discontinued.

Following a lengthy period of liaison with the police authority in the area where she had been driving, and where she had unfortunately committed a minor speeding offence, a decision was taken by a senior officer at the police’s criminal justice unit to withdraw the charge against her.

Matilda had explained to us that, whilst she did not dispute the fact that she had been speeding, she had not received a notice of intended prosecution (NIP) to which she could respond.

Initially, the police authority argued that as it had been issued it was assumed to have been received. Matilda told us, however, that she had not received either the original or the reminder NIP and that she was very organised with her paperwork. She insisted she would have responded immediately, accepting the offer of a fixed penalty notice, had she received notification of the speeding offence.

On this basis, Forrest Williams asked if a speeding charge could be laid out of time, to which Matilda would plead guilty, and the failing to notify driver’s details charge be withdrawn. Some consideration was given to this request, before it was agreed to.

Matilda is very happy with this outcome as she did not intend to avoid the penalty for speeding and accepts the consequences for her actions on the date in question. There is also a difference in terms of penalty points – the speeding offence means she will have 3 points endorsed to her licence, whilst the failing to notify driver’s details charge would have meant 6 points.

In addition, we have asked that the court treat the speeding offence as if it were a fixed penalty on the day of the hearing, in order to avoid additional costs for Matilda.

Once again, Forrest Williams are happy to report that pre-court liaison has resulted in a positive outcome for a valued client.

If you have been charged with failing to disclose driver’s details, or another motoring offence, call our expert team now for a free initial review of your case on 01623 397200.

Debbie Viner first approached Forrest Williams when she received a summons for a charge of failing to notify driver’s details, which related to a minor speeding offence.

Debbie told us that when she received the notice of intended prosecution (NIP) paperwork several months ago, she had replied immediately with the response that the driver on the date in question could have been either herself or her husband. The road mentioned on the NIP was one they both travelled regularly, and they both shared use of the same car. She had, she told us, made all reasonable checks to try and find out who the driver was, but had drawn a blank.

Debbie told us that she was not willing to nominate a driver, without being sure of the identity, as there had been several high-profile cases in the news recently where it had become clear that the person nominated was not actually the driver on the date in question.

Forrest Williams agreed to liaise with the authorities on Debbie’s behalf, setting out her case and detailing the steps she had taken to try and identify the driver. In fact, Debbie had contacted the police on several occasions with a request for photographic evidence, in the hope that this might help her to identify the driver. No reply was ever received.

After a protracted period of liaison that saw a not guilty plea entered, and the trial date approaching rapidly, a decision was finally taken by a Senior Crown Prosecutor at the Crown Prosecution Service to discontinue the charge on the basis of lack of evidence.

It should be noted that the decision to discontinue was made just three days before the trial was due to be heard.

Although a little too close for comfort, a late decision is not unusual when liaising with the CPS. Forrest Williams have much experience of how to conduct these negotiations and would therefore encourage anyone worried about a charge of failing to notify driver’s details to contact them immediately on 01623 600645. It may be possible to argue your case and avoid the need for additional fees as a result of attendance at court.

Debbie was overjoyed about the outcome and said she would recommend the services of Forrest Williams to anyone in a similar position. She said she would not have had the confidence to liaise with the authorities, or known who to contact. As this particular example shows, negotiations can escalate from conversations with the police to the senior ranks of the CPS before a decision is made. Having the confidence and professional skills to liaise at this level are key to getting the best outcome.

If you have been charged with failing to disclose driver’s details, call our expert team now on 01623 397200 for a free review of your case.