Motoring Law

Motoring Case May Result in Less Prosecutions image

Motoring Case May Result in Less Prosecutions

26th March 2012

If a vehicle travels through a speed camera above the legal limit, the next step in the process is that the Police issue the Registered Keeper of the Vehicle with a Notice of Intended Prosecution which requires that person (either a company or an individual depending on who owns the vehicle) to name the driver. If this is done and the driver is identified, then that driver may be offered a speed awareness course, or a fixed penalty or in the worst case be prosecuted at Court. The requirement to provide this information is under section 172 Road Traffic Act 1988 and the notice received is often referred to a section 172 notice.

However, there are many occasions when the recipient of the notice is unable to provide the necessary information as to the identity of the driver. The recipient even though they may not have been the driver themselves could face prosecution for failing to provide the identity of the driver and have 6 penalty points endorsed upon their licence.

For a summary only offence which most motoring offences are, the prosecution have to lay the information before the court within 6 months of the date of the offence. A recent Scottish case has cast doubt on the approach to these prosecutions and the legality of many prosecutions brought by some police forces may now be called into question. It should be stressed at this point that until the same issue is heard by an English court the judgement in the Scottish case is merely of persuasive value, although it is noted that it was persuasive enough for Greater Manchester Police to withdraw 300 cases that may have been out of time as a result of the ruling.

The ruling in the Scottish case was that the 6 month time limit for bringing a prosecution applied only when the initial offence of failing to provide the information took place ie at the end of the 28 days that the recipient of the notice had in order to provide the information. Many police forces incorrectly believed that they could prosecute within 6 months of any request for the information ie they could keep sending out further notices to the same recipient effectively rendering the time limit as meaningless.

What does this mean for motorists? Well if you have received a summons or charge for failing to provide information as to the identity of a driver (or ever in the future find yourself in that position) you should seek immediate legal advice as to whether the proceedings have been commenced within time. Common scenarios in which this problem can arise are where there is a company vehicle with different employees permitted to drive it or families in which more than one person may have driven the vehicle (eg husband, wife, teenage children etc) and due to the passage of time the Registered Keeper is unable to name the driver at the time of the incident.

It is not clear whether all police forces will follow the example of Greater Manchester Police and so other forces may still seek to commence proceedings outside of the 6 month time limit in which case the Defendant would have a strong legal argument to suggest that the proceedings are time barred.

Should you require any advice in respect of an allegation of speeding or failing to provide information as to the identity of the driver or indeed any motoring law issue please do not hesitate to contact Daven Naghen or Anita Toal on 01775 722261 or by email daven.naghen@maplessolicitors.com or anita.toal@maplessolicitors.com.

Read More
New Insurance Law for Motor Vehicles now in force image

New Insurance Law for Motor Vehicles now in force

26th August 2011

It has long since been an offence to use a motor vehicle on a road or public place with no third party insurance in force. In this situation drivers can expect to receive a minimum of 6 penalty points upon their licence and could be disqualified from driving for the offence all of which in addition to a fine.

The Continuous Insurance Enforcement Scheme is now in force and it is now an offence to be the Registered Keeper of a vehicle which is not insured. Think that this will not affect you, then read on.

Whilst the ultimate objective is to prevent people driving without insurance and it is clearly easier to enforce as there is no need to catch the driver in the act of driving, a number of people could still fall foul of this provision.

Own a motorbike or classic car which you only use in summer and you must now either be insured all year round or make a Statutory Off Road Notification (SORN) for the period that it is off the road.

Similarly if you own a car that you are repairing or modifying you cannot just cancel the insurance for the period that it would be off the road without making a SORN.

Who else could suffer? A divorcing couple for example where one party is the registered keeper but the other party is the one who uses the car in this instance the registered keeper may not even know that the insurance has not been kept in force.

Fortunately the penalties do not include penalty points but could include a fixed penalty fine, having the vehicle clamped, impounded or destroyed and possible court appearance and fine.

Registered keepers should however be aware that there is an offence of permitting the use of a vehicle with no insurance which carries the same penalties as the use of vehicle with no insurance including the imposition of penalty points or disqualification.

Should you be charged or summonsed with an offence involving no insurance and require representation or advice please contact Daven Naghen daven.naghen@maplessolicitors.com or Anita Toal anita.toal@maplessolicitors.com or ring the office on 01775 722261.

If you have been hit by an uninsured driver you may still be able to claim compensation through the Motor Insurers Bureau. If you require any assistance in this regard please contact Daven Naghen daven.naghen@maplessolicitors.com or ring the office on 01775 722261.

Read More
Section 8 Notice or Section 21 Notice? image

Section 8 Notice or Section 21 Notice?

There is one question a lot of landlords have asked us over the years and that is “What is the Difference Between a Section 8 and Section 21 Notice?”.

The most basic difference between a section 8 and section 21 is that a section 8 notice is served when a tenant is in breach of contract (eg rent arrears), and a section 21 is served to end a tenancy agreement, simply so that the landlord can regain possession.

A section 8 notice, or notice to quit as it is also commonly known as, is so called because it operates under section 8 of the Housing Act 1988. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST) when the tenant has broken the terms of the tenancy. You can give between 2 weeks’ and 2 months’ notice depending on which terms the tenant has broken.

Once the period of notice has lapsed and the tenants have not vacated then you can apply to the court for an Order for Possession.

If you need help in completing a Section 8 Notice with the correct notice periods and/or assistance with the grounds for possession then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to assist you with this.

With respect to a Section 21 notice, you can use this notice to evict your tenants either after a fixed term tenancy ends - if there’s a written contract, or during a tenancy with no fixed end date - known as a ‘periodic’ tenancy.

Section 21 Notices are only for use when the prescribed documents have been served on the tenant at the start of the tenancy. You cannot use a Section 21 notice if you have not given the tenants copies of:
• the property’s Energy Performance Certificate
• a current gas safety certificate for the property - You must have given the tenants a copy of the current gas safety certificate before they moved in.
• the government’s ‘How to rent’ guide
You are also required to secure the tenant’s deposit in a Tenancy Deposit Scheme. This government-backed scheme ensures that the tenants get their deposit back at the end of their tenancy, so long as they have not damaged the property, have met the terms of the tenancy agreement and have paid all their rent/bills. You must ensure that such a deposit is put in a scheme within 30 days of its receipt and provided the information of where it is secured to the tenant. Failure to secure a tenant’s deposit will invalidate a Section 21 Notice.

You are also unable to use a Section 21 Notice if it is less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this.

If the tenants do not leave by the specified date then you can apply to the court for a Possession Order. You may wish to use the accelerated possession procedure if you are not claiming rent arrears as generally this route is quicker than applying for a standard possession order and there is usually no hearing involved.

If you want to claim rent arrears then you may either use the standard possession route or use the accelerated possession procedure but then make a separate claim for recovery of the outstanding rent.

The decision as to whether or not to use the section 8 or section 21 route is complex and we would recommend a landlord seeks early advice as to which mechanism to use.

If you require more advice and assistance on Section 21 Notices or which possession proceedings route would suit you then please contact laura.day@maplessolicitors.com or daven.naghen@maplessolicitors.com and we will be happy to help.

Read More

Testimonials

Jamie Dobbs SCILEx

"I should like to take this opportunity to express my very sincere and grateful thanks for Jamie's unfailing helpfulness and efficiency in all aspects of the handling of my late stepmother's estate. Jamie have always replied to my (many!) queries promptly and comprehensively which has been a enormous help throughout what I know can be a fraught and stressful process. Sadly, it is increasingly rare these days to experience the highs standards of service that Jamie has provided."

Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.