Some legal advice please

[sub39h]

Hello chaps,

I was wondering if any of you could give some advice regarding a motoring mishap that has befallen my new wife and my in laws. The car my wife uses is registered in her dad's name (she lived with her parents until after marriage and it was the most convenient way of doing things for them). They moved house in around October 2013. All of the other family cars had their addresses switched but somehow this one was forgotten about.

In around April of 2014, my wife was caught speeding on the M6 between home and work. A letter was sent to the old house asking my father in law to name the driver. He got the letter after the deadline had expired, but responded right away once he got it. He sent the letter via franked mail through his business. One of his employees logged the letter in the company mail out book and posted the letter.

In between all this, my wife's grandad (my father in law's dad, who lived with them) passed away and my wife and I got married. They never received a response from the police in regards to the speeding and as I am sure you can appreciate, it may not have been the first thing on everyone's minds. However, around 5 weeks ago they received a court summons with two charges against my father in law - firstly for speeding, and secondly for not responding.

They have written to the court pleading not guilty on both counts, and provided a statement from my wife to confirm that she was driving at the time, and from the employee to state that the letter was indeed posted. They also submitted a copy of the mail out log, and the franking machine log to confirm that the number of letters sent on the day matches.

My father in law has now received a new court summons, with the speeding charge dropped but is still charged with not responding. I'm by no means a lawyer, but I would have thought that the supplied evidence would cast reasonable doubt on the notion that he did not respond? After all, he has sent the letter by the same means that the police used to contact him in the first place (i.e. not recorded - though the lesson has been learned for next time). Do you think the defence is reasonable?

Thanks chaps

[DDM]

i would think if you see the court case through to the court itself it would be chucked out of court, as you have the evidence you need to show you have responded, the police have no evidence to show that this isn't true or to show any different. and the way the courts look at matters like this these days is that it will cost the police resorses so much money to prove this kind of nonsense case, and to have a representative attend the courts on their behalf. especially for this kind of offence which is really pointless. definatley don't lie down so to speak and accept it, fight it and attend the court. also place a expenses application to them prior to attending showing that you have full intention of claiming your expenses so far. good luck.

[phil1975]

As previously stated I think these things follow a set procedure and there is no option other than it has to go to court, even if it gets thrown out. If your father inlaw attends court keep things clear and precise and hopefully all will be well, I had to attend magistrates court last year and at the end of the day the magistrates are as human as you and I and they appreciate that people make honest mistakes.

Good luck with it all

[nadlad]

Banjoods