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Single Justice Procedural Notice received after NIP
danger_mouse
post Fri, 3 Jul 2020 - 18:33
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Hello fellow members looking for some advice please. Recieved a NIP doing 35mph in a 30mph zone when me and a freind was travelling together in my car.After some discussion my freind thought he was driving at the time so i filled his details and sent it off.

Fast foward to now and he failed to respond to the s172 as we got into a dispute as to who was actually driving and now i have received a single justice procedural notice since he didn't reply back.

After more discussion and more digging we have come to the conclusion it was me driving at the time and not him. I dont know how to reply back now as the form only gives options of pleading guilty or not guilty, how do i tell them i was driving do i plead guilty and sent a covering letter explaining the situation or plead not guilty and send a covering letter?

I would like to avoid going to court hence thinking about sending the forms off with the explanation. The notice which i have received has only the 1 charge with not providing driver details.I guess this is as my freind never sent details in. Their is nothing on there about he original NIP. Any help will be appreciated as its driving me mad.
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post Fri, 3 Jul 2020 - 18:33
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Jlc
post Fri, 3 Jul 2020 - 18:38
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If there's only one charge for the alleged s172 offence then taking the underlying speeding offence may not be an option.

You will not be able to sort this without attending court. (Unless you want to plead guilty, take 6 points and a sizeable fine)

....but it would be unusual to pursue you for the s172 if you had completed, signed and returned the nomination? Did they receive it? Did your friend receive a s172 request?

This post has been edited by Jlc: Fri, 3 Jul 2020 - 18:39


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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danger_mouse
post Fri, 3 Jul 2020 - 18:56
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QUOTE (Jlc @ Fri, 3 Jul 2020 - 19:38) *
If there's only one charge for the alleged s172 offence then taking the underlying speeding offence may not be an option.

You will not be able to sort this without attending court. (Unless you want to plead guilty, take 6 points and a sizeable fine)

....but it would be unusual to pursue you for the s172 if you had completed, signed and returned the nomination? Did they receive it? Did your friend receive a s172 request?


Yes as mentioned i filled his details out on the NIP and sent if off. When he recieved the s172 saying i have nominated him as the driver he didnt reply back as this is when we got in to the dispute. Since he didnt reply the SJPN has come back to me saying ive failed to give details since the nominated person has not replied

This post has been edited by danger_mouse: Fri, 3 Jul 2020 - 18:57
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andy_foster
post Fri, 3 Jul 2020 - 19:27
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There are potentially 2 different issues here (or 3 if being less than charitable) - whether you committed the offence you are charged with, and whether the prosecution are able to prove beyond reasonable doubt that you did.

From what you have told us, you received a notice imposing a legal requirement under s. 172 RTA 1988 to name the driver, and you failed to do so insofar as the person you named was not the driver.

However, it is not immediately apparent from what you have told us so far how the prosecution intend to prove that you did not name the driver (that the person you named was not the driver). The obligation to name the driver does not include any requirement that the driver subsequently admits to being the driver. The fact that he did not respond to his notice is not evidence of anything (other than on the face of it that he has committed an offence of failing provide information under s. 172 RTA 1988).


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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