Our client had been convicted in the Magistrates Court of failing to give details of the driver at the time of a speeding offence. He was given 6 penalty points and a £500 fine. He did not have a solicitor at the Magistrates Court.

We represented him on an appeal against conviction and sentence in the Crown Court. His defence was that he had replied to the notice, naming himself as the driver, and that it must have been lost in the post or not processed at the Ticket Office. He had no proof of posting. He did not reply to the second request as he believed this had simply crossed in the post with the first.

 He was charged with one offence, although the dates included the first and second request.

 At the appeal hearing, the Crown Court Judge questioned our client's failure to return the second notice. We pointed out that he was only charged with one offence and that the Prosecutor had presented the case on the basis that the charge related to the first failure. The Judge agreed that he must disregard the second failure.

The appeal was successful, with the penalty points and fine being quashed.