Moving Home? Fail To Name Driver? Pitfalls

moving home

Failing to provide driver information carries the risk of six points and around a £7-£800 fine if convicted. A huge number of clients end up needing our services because they failed to keep their V5 up-to-date.

Most people think that the police track you down using your address on your licence. However when your vehicle is spotted committing a road traffic offence the only information the police normally have is the Registration Mark. Therefore they obtain the registered keeper details from the DVLA. The DVLA get the information from the logbook/V5.

Obviously when you are moving home there is going to be a small window of opportunity for things to go astray. When you notify the DVLA of a change of address it can often take them a few weeks to upload the details. If you were to be accused of failing to name because you didn’t get the request in these circumstances you would have a statutory defence. It’s a statutory defence to failing to name the driver if you can show that it was not reasonably practicable for you to respond. It will never be reasonably practicable for you to respond to something you have not received.

Laws Tightened For Updating Your Address When Moving Home

However a fairly recent case called R v Whiteside has led to a tightening up of the rules. If you do not update your address on the V5 promptly the court will often reach the conclusion that it would have been reasonably practicable for you to respond had you have kept your documents up-to-date. This case therefore scuppers many arguments in relation to failing to name.

The best advice is to keep your address up to date. It may also be wise to put in place a mail redirection service and keep your receipt in relation to the same. This will hopefully avoid post being sent to your old address during the time when you’re V5 is being updated.

If you move out of your home temporarily then try and put a system in place. Try and get somebody to check your post or agree with tenants/lodgers that they give you a call if any post arrives for you. If no one is staying there then go to the property and check the post regularly.

Be careful. If you have six points on your licence already you could end up at risk of a totting ban for six months. In theory you could get nine points in one go if you’re convicted of failing to name and the original speeding offence. There is an evidential presumption that the registered keeper of the vehicle would have been the driver.

The prosecution might also have identification evidence in the form of a photo of the driver. This means you could end up being convicted of both offences. If you have any issues in relation to these types of matters then please call us urgently. We defend 94% of the cases that we take on and we are extremely successful at defending allegations of failing to nominate.

We will not encourage you to try and defend the case if you do not have a very good prospect of succeeding.

 



About Emma Patterson

Emma has built Patterson Law into one of the leading specialist motoring law legal practices in the UK.By carefully assembling a team of exceptional road traffic law experts Patterson Law has been able to out perform their competitors with high success rates in court.
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