Failing to name the driver
Should I appeal to the crown court - s.172
Nov 30, 2010
I was recently found guilty of failing to produce and I wanted to know is it worth appealing to the crown court as the prosecution are unable to provide evidence beyond reasonable doubt that I recieve the NIP or the reminder. They were both sent 1st class and therefore cannot guarentee that I receipt. I have 28 days to appeal but is it worth it?
Category: Failing to name the driver
Posted by: patterson
I suspect that you concentrated on the prosecutions inability to prove service of the s.172 forms in the magistrates court. You should have concentrated on trying to show on the balance of probabilities that you did not receive the request for information and therefore could not name the driver. If you are a man of good character the court have to give extra weight to what you have to say.
If you did not receive the requests you have a good defence and we win lots of similar cases - but I cannot guarantee that you will succeed.
Come back to me if I can assist further.
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