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Original poster

Failing to provide information to the police?

25 replies

strongagain1985 · 10/01/2015 23:27

Hello
I would really appreciate some advice regarding the situation I have found myself in.
Basically I received a letter from an enforcement agency regarding an outstanding debt for £850.
Confused as to what this was for, I telephoned them and they confirmed it was inregards to a motoring offence (speeding).
Following this I telephoned the court in which this had been processed through who advised that I should make a statutory declaration. They also informed me that I had been given 6 points on my licence.
Therefore I went to my nearest court and made the declaration. They then gave me a new court date and some pre-hearing paperwork in regards to an allegation of failing to provide police with infomation. I completed the paperwork with a not guilty plea and sent it in by recorded delivery. I then attended the court date and confirmed a not guilty plea. They then informed me that it would go to trial and provided me with a new date in which to attend court which is in March.
I can not afford a solicitor so really need some advice on what to expect or prepare.
I was not living at the address the police wrote to me as the property had been repossessed. I have a document to prove the date of repossession which I will be taking with me. Is there anything else I need to take with me or think about in advance? I am really worrying as I have never been in this situation. I don't even have details of the original speeding offence, will I receive these after the trail for failing to provide information? I'm really confused and could do with some advice on the please.
Thank you for you time.

OP posts:

MairyHoles · 10/01/2015 23:33

I think you are supposed to register your car and driving licence to your new address ASAP after moving but certainly within a month. If you have proof that you did so, but they sent documents to wrong address then this would be good evidence.

Were you speeding? The court will be more lenient the more early you plead guilty.

Original poster

strongagain1985 · 10/01/2015 23:46

To give a little bit more info, I am the only person who drives my car therfore if there was a speeding offence committed then it would have been me. However the reason I have to attend court is because I didn't provide the police with the information they had requested which I am not guilty. I did request my address to be changed with DVLA but for some reason this was never done.

OP posts:

ProveMeWrong · 10/01/2015 23:54

I think your best bet would be to get in touch with the dvla. They should have logged your change of address phone call or letter received. If this change was then not done, you are not at fault for not actioning it.
I think also the dvla should be able to provide you with a copy of the speeding offence letter or at least point you in the right direction. Not an expert, just where I would think to start!

ProveMeWrong · 10/01/2015 23:57

This forums may help
forums.pepipoo.com/lofiversion/index.php/t70276.html

Original poster

strongagain1985 · 11/01/2015 10:20

Thank you for the link

OP posts:

Original poster

strongagain1985 · 11/01/2015 16:06

Anyone else been in this position before and what was the outcome?

OP posts:

Methe · 11/01/2015 16:11

You have to send your driving licence and v5 away for them to update your details.

Surely you'd have noticed that they didn't get sent back?

Where is your car insured?

jalapenos · 11/01/2015 19:48

You need to decide whether you can persuade the court that the DVLA knew the car was kept at a new address. You can give verbal evidence at trial, but documents are likely to carry more weight. For example, you would have had to notify the DVLA separately about your driving licence, so if that shows a new address from shortly after you moved then it might help to back up your claim of having told them about the car too.

If you didn't tell them specifically about the car then, from what you've said, you are guilty and should change your plea. You can expect 6 points on your licence and a fine of around 1.5 times your weekly income. Fines are reduced for early guilty pleas; one-third less if the plea is made at the first opportunity. You should get a reduction of around 25% if you change your plea now. If you plead guilty on the day of trial, you'll get 10% off. The discounts don't apply to the points.

If you are found guilty after a trial, you will probably have to pay a contribution towards the costs of the trial. The CPS typically asks for around £450, but the magistrates will take into account your ability to pay.

Original poster

strongagain1985 · 11/01/2015 20:58

The not guilty plea is for the charge against me which is failing to provide information to the police. The information they requested was apparently in regards to who was driving my car at the time of the speeding. They wrote to the registered address of the vehicle but I had already moved out of the property so never received the request. They don't seem to be bothered if my address was changed with DVLA or not. The trail is to decide if I did or did not receive the request and if they think I just ignored it.

OP posts:

PatriciaHolm · 12/01/2015 11:43

Did you actually change the address for the car's registered keeper? Just changing the address on your drivers license is irrelevant here; they will had written to the address relating to the vehicle itself. Did you try to change that?

Collaborate · 12/01/2015 12:54

If they wrote to you at the registered address for the vehicle I'm not surprised they're not bothered that you'd moved out. It's up to you to keep DVLA up to date with your address.

jalapenos · 12/01/2015 17:32

It actually doesn't matter if you received the NIP or not. If it was sent to the last known address on the vehicle registration document, then the law says that it was validly served. This prevents people from dodging offences by changing their address.

There is a defence of it not being "reasonably practicable" for you to give the information. It could be argued that it is not reasonably practicable for you to give the information if you don't know about the request. Case law suggests that defence would only succeed in these circumstances if you had acted with due diligence. That would include keeping your registration up to date, so if you can't show that the DVLA knew that the registered keeper's address had changed, expect to be convicted.

InfinitySeven · 12/01/2015 17:35

OP, this is vitally important.

Did you change the information on your driving license? You can only do this by sending it off. Did you get it back? Does it have your old address on it?

Did you change the registered address of your vehicle? Can you prove it?

Did you change the address on your insurance?

You need to be honest here - nobody can help you if you lie, you'll just make it worse.

LIZS · 12/01/2015 17:49

You need to look at the timing of the offence, request for info, notice of prosecution etc and how soon after your move this occurred. If it has taken a 3rd party to track you down that suggests that this was a while ago and that your details for your licence and car are still out of date. Check your licence , paper and photo card, and V5. How have you been taxing your car without receiving reminders at the correct address?

Original poster

strongagain1985 · 12/01/2015 19:54

Ok, let me explain in more detail as I get the impression some people think I am telling fibs. I moved out of the property in April 2013, house repossessed in May 2013 and sold in June 2013. Police tried to contact me Sep 2013. After the move in April I rang all the necessary companies to change my address i.e car insurance, elec, gas etc. I telephoned DVLA told them I needed to change my address and that I had also lost the paper part of my license. They told me that it wasn't a problem, asked for my new address and said they were sending me a form out in the post for me to complete for a new paper part. I received this form to my new address which I completed and returned with a £20 postal order. I didn't hear anything after that and it never crossed my mind again until this problem came to light. I know this sounds very stupid but I haven't needed it so never noticed that they didn't send it to me. I have been taxing my car at the post office which is my usual method so again it never crossed my mind. It was a very stressful time during that period and I rang DVLA to advise how I change my address and because they told me it wasn't a problem and then took my new address I misunderstood this to be completed.

OP posts:

WeAllHaveWings · 12/01/2015 21:57

Did you fill in a form for your car too? Your license and car registration are separate documents ta bth need changed. Did you receive post reminders to tax your car?

titchy · 12/01/2015 22:11

But you still need a paper reminder to tax a car at a post office, so how was it taxed? Basically you forgot to change the car reg document didn't you? Dunno if that makes you guilty though doesn't sound great.

Methe · 12/01/2015 22:25

Where's your car insured?

jalapenos · 13/01/2015 07:27

I appreciate that you don't want to hear it, but on the information you have given you are guilty. There's no mention of having told the DVLA that the registered keeper's address had changed, everything you have said relates to the driving licence. Even if you had told them about the car by phone, many months had since gone by which puts the onus back on you.

If you really did tell the DVLA about the car's change of address, you will need to be a lot clearer in court than you have been here. You are not coming across as a particularly credible witness when you have time to compose written replies, so I don't hold out much hope for you when in the witness box at trial.

LIZS · 13/01/2015 08:11

Presumably you didn't set up any Royal Mail post forwarding ?

Original poster

strongagain1985 · 13/01/2015 10:46

I think we are going off track now with. The charge is failing to provide information to the police not failing to change address correctly. Anyway I will leave this thread now and go to a more specialised site were people know what they are talking about and not trying to pick at the wrong things. I will be back after my trial to update in regards to what happened in the hope that it might help someone in this situation. I'm quite confident that this will be thrown out of court and am sticking to my not guilty plea because that is exactly what I am... not guilty.

OP posts:

Original poster

strongagain1985 · 13/01/2015 10:47

Thanks to those who have genuinely tried to help.

OP posts:

PatriciaHolm · 13/01/2015 11:22

Honestly, no-one is getting at you, and no-one thinks you have lied.

Unfortunately, it seems from what you have said that you haven't changed the address on the one thing that matters here - the registration/ownership document for your car. Not your drivers license, that is irrelevant, it's the address on the document relating to your ownership of the car that is important. Just ringing DVLA about your license is irrelevant. If you didn't specifically change the address on the registered keeper document, that is the problem. You did fail to change the address of the car's owner. You don't need a specialised site to tell you that.

jalapenos · 13/01/2015 14:52

There's not much point in asking for advice if you're not going to listen to what you're told. I see s172 offences frequently and, from what you've said here, you are guilty and will end up with 6 points, a larger fine and a bill for the trial.

That's not to say that you won't get away with it though, as trials can be unpredictable and the quality of prosecutors varies. Good luck.

WeAllHaveWings · 13/01/2015 18:49

You failed to provide the police with information because your car was not registered properly and I believe this means you are guilty as you are responsive to ensure car is reg to correct address.

I don't understand from the information above your defence and suggest you plead guilty to save yourself some money. (Unless you can clarify what your defence/proof for not having you car correctly registered is).

Everyone is trying to help, its just your answers about the car registration have been a bit wooly.

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