SERVICE OF DOCUMENTS: These dreaded notices in Motoring Cases can be served on Clients in three ways. In some cases of course, the Registered Keeper of a vehicle and the driver may well be the same person, sometimes not. As I have already said, the crucial service is on the Registered Keeper at the address known to the DVLA. Depending upon who the Registered Keeper nominates as being the Driver, other persons and addresses may also become important. The major Defence to these notices, and hence the avoidance of a 6 point endorsement is either to comply with the notice (which I will talk about in a separate post) or successfully argue that the notice was never received. The three types of service are: Service by first class post. This is the preferred method of service by the Police as it is, quite frankly, cheaper. This type of service is risky as far as the Police are concerned as legally it only raises a rebuttable presumption that lawful service has taken place. Such a presumption can be defeated by a Defendant attending Court and giving evidence on oath that the Notice was never received for whatever reason. AVOID telling lies to a Court as the consequences for this are significantly more severe than the points!! You have been warned! Recorded or Registered Post: Legally service upon Clients by this method will give rise to an irrebuttable presumption that lawful service has taken place, ie one that cannot be argued with in Court AS LONG AS the Prosecution can prove the signature is yours. In cases where there is the signature of a third party of a letter is not called for, either service will be deemed not to have taken place or you will be able to argue with it. Personal Service: Is exactly what it says....you are sunk if the Police can identify you as the person who accepted the Notice when you were visited. This is merely an outline. For further advice, please contact us.
Posted on: Tue, 12 Nov 2013 12:21:49 +0000
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