Millennium Chambers is pleased to report a successful outcome by Tess McCarthy, who’s client was acquitted following trial at Bromley Magistrates’ Court.
The company faced a charge of failing to provide information as to the identity of the driver of a vehicle in response to a notice served under section 172 of the Road Traffic Act 1988.
The defence case was that the company director had exercised reasonable diligence in attempting to identify the driver and, on the balance of probabilities, had responded to the original section 172 notice. Although that response was never received, the defence maintained that the statutory requirements had been met.
A duplicate section 172 notice was subsequently issued, despite containing no additional particulars or requests. Tess McCarthy submitted that, if the court accepted that the original notice had been answered, the subsequent duplicate notice did not undermine the defence available to the company.
Tachograph evidence was relied upon in support of the defence, assisting in establishing reasonable diligence and reinforcing the credibility of the company director’s evidence.
The court accepted the defence and found the company not guilty.
Tess McCarthy was instructed by Caines Law.
