Failing to provide driver details.
Section 172.

The legal framework

The headline reference for this service is s.172 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.

The issues I examine

Clarity first.
Then light at the end of the tunnel

Most of these cases turn on whether the notice arrived and on what you did when it did.

Whether the notice was received

If the notice never reached you, you cannot have failed to respond to it. Service is for the prosecution to prove.

Reasonable diligence

Where you genuinely could not identify the driver despite reasonable diligence, a statutory defence is available.

What you did to find out

The defence succeeds on evidence: records kept, enquiries made, replies received. Contemporaneous material matters.

Companies and fleet keepers

Different obligations apply to a body corporate, and the systems in place for recording drivers become central.

Whether a response was in fact sent

Proof of posting, copies and email records can answer the allegation outright.

Convicted without knowing

Where you learn of a conviction only afterwards, a statutory declaration within 21 days can reopen the case.

Sentencing and possible outcomes

The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.

What to share with me

• Any notice, letter or charge paperwork you have received
• The dates and location of any hearing or interview
• Your account of what happened and any supporting documents
• Photographs, messages, receipts, witness details or other material that may support your account
• Details of your driving record and how a conviction or disqualification would affect other people
• Your main concerns and the questions you want answered

Personal representation

When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.