Author Topic: Non disclosure  (Read 290 times)

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Kwest70

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Non disclosure
« on: November 22, 2024, 01:23:01 pm »
Hi all. I received 6 points on my licence and a £1000 fine for not disclosing the driver of a vehicle. They were the other insured driver. They were speeding, I was asked to disclose who was driving and I didn't because I was out today the country and never received the mail. What can I do? I've had the statuary agreement OKayd now waiting to go to court to reassess.

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andy_foster

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Re: Non disclosure
« Reply #1 on: November 22, 2024, 01:50:30 pm »
Is this related to the points your insured driver got you for "non-disclosure" for a parking ticket?

There is a statutory defence to failing to provide the driver's details, if you can show that it was not reasonably practicable to provide the information. However, case law (Whiteside) provides that merely being unaware of the s. 172 requirement (not receiving the notice - assuming lawfully served at your last known address) is not in itself sufficient - you would need to be able to persuade the court that it was not reasonably practicable to ensure that any such notices were brought to your attention.


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FuzzyDuck

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Re: Non disclosure
« Reply #2 on: November 22, 2024, 04:06:23 pm »
The OP is really unlucky, they also got a CCJ due to the same reason.