Cleveland 172 Notice Appeal No 2
Failure to Provide Driver Details
Location: Cleveland
Offences: Fail to provide driver details
Précis: The client was convicted in the Magistrates
Court, of failing to provide driver details.
He challenged the result in Teesside Crown
Court.
Findings: The case review revealed that the same
defective notice employed in the Dr Dehany
case had been served upon the appellant.
Legal Arguments:
Legal arguments were made following the
Crowns evidence.
This evidence included the ruling of Judge
Bowers in the Teesside Crown Court, July
2007.
Crown’s position was now that they
accepted the combined 172/NIP form was
defective in law.
Counsel for the Crown confirmed that there
had never an appeal against the judgment
of Judge Bowers, there was no intent to
appeal the judgment and subsequent cases
will not result in such an appeal.
Mr De Mello argued that the document was
conclusively defective and could not stand.
Result: 260207 Teesside Crown Court.
His Honour Judge Briggs found the ruling
of His Honour Judge Bowers to be correct
and the arguments of Mr De Mello
compelling.
He concluded that the 172 notice was
indeed defective,
The appeal was upheld, the conviction was
quashed and His Honour ordered costs to
be paid by the Crown.
Cleveland 172 Notice Appeal Victory No 2
Solicitor: Clive Burton
Counsel: Mr. R. De Mello
