SJP Notice |
SJP Notice |
Fri, 28 Sep 2018 - 10:34
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#1
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New Member Group: Members Posts: 3 Joined: 28 Sep 2018 Member No.: 100,095 |
Hi all,
on the 07/04/18 , my girlfriends brother got a speeding ticket doing 58 on a 50. unfortunately due to bad advise my girlfriend did state she wasnt the one driving(truth) but she didnt disclose it was her brother driving the car (lie). the Sjp Notice letter came on the 26/09/18 stating the named driver wasnt insured on the car. My question is what her option is at this stage ? -Plead guilty ? -what sort of fines and or points should she be looking at ? -what happens to the named driver? Looking forward to your help guys. thank you. |
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Fri, 28 Sep 2018 - 10:34
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Fri, 28 Sep 2018 - 10:50
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#2
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Member Group: Members Posts: 1,547 Joined: 17 May 2010 Member No.: 37,614 |
You need to explain this more clearly..
Who is the registered keeper of the car ? Who replied to what notice and said exactly what ? What charges (and against who) are listed on the SJP notice ..? Sounds like worst case there are offences of failing to nominate a driver and driving/permitting no insurance, both v serious offences worth 6 points and a large fine (for someone), but more details are required. |
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Fri, 28 Sep 2018 - 11:21
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#3
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
unfortunately due to bad advise my girlfriend did state she wasnt the one driving(truth) but she didnt disclose it was her brother driving the car (lie). the Sjp Notice letter came on the 26/09/18 stating the named driver wasnt insured on the car. Those two statements don't compute. The driver wasn't named, but the named driver wasn't insured. It's advised that she posts herself as 3rd hand information can get confused. If she didn't name the driver then the potential offence for 'failing to furnish driver details' is 6 points and a fine around 150% weekly earnings. Insurance offences will be at least 6 points, so as noted, she could well be looking at totting. Prosecution costs for a guilty plea would be £85 and a surcharge of 10% of the fine(s) (min £30). unfortunately due to bad advise my girlfriend did state she wasnt the one driving(truth) but she didnt disclose it was her brother driving the car (lie). -what happens to the named driver? Again, this doesn't compute. This post has been edited by Jlc: Fri, 28 Sep 2018 - 11:28 -------------------- 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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Fri, 28 Sep 2018 - 11:28
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#4
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Member Group: Members Posts: 564 Joined: 15 Nov 2017 Member No.: 95,103 |
IS the GF being pursued for permitting uninsured use of the vehicle? There seems to be a bit missing in this account....
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Fri, 28 Sep 2018 - 11:40
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#5
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New Member Group: Members Posts: 3 Joined: 28 Sep 2018 Member No.: 100,095 |
i do apologise guys for the missing pieces of information.
-the registered keeper of the car is my Gf. -the charges are Permit use of motor vehicle without insurance and exceed a variable limit (50 doing a 58). She didnt disclose it was her brother driving the car. Hope it clears it up a bit more. |
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Fri, 28 Sep 2018 - 11:42
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#6
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
She didnt disclose it was her brother driving the car. so who did she name??? Hope it clears it up a bit more. Send three and fourpence. -------------------- 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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Fri, 28 Sep 2018 - 11:48
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#7
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New Member Group: Members Posts: 3 Joined: 28 Sep 2018 Member No.: 100,095 |
She didnt disclose it was her brother driving the car. so who did she name??? Hope it clears it up a bit more. Send three and fourpence. She named a distance uncle not living in the Uk, he does come here regularly on visiting though. |
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Fri, 28 Sep 2018 - 11:52
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#8
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
She should take professional face to face advice, as she is potentially guilty of the offence of perverting the course of public justice and is at real risk of going to prison if convicted. The advice you (or she) can receive here in a non-privileged environment is very limited. She needs to go and see a solicitor.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Fri, 28 Sep 2018 - 11:59
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#9
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Member Group: Members Posts: 1,547 Joined: 17 May 2010 Member No.: 37,614 |
Assuming that this uncle had no involvement in the driving of the vehicle - it sounds like some idiot advised her it would be away out of naming her brother.
As southpaw82 says - she is now in a very serious position and should seek professional advice. This post has been edited by AntonyMMM: Fri, 28 Sep 2018 - 12:00 |
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Fri, 28 Sep 2018 - 12:00
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#10
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Indeed. The normal procedure for naming an 'overseas' driver is to ask for proof of insurance.
-------------------- 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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Fri, 28 Sep 2018 - 12:55
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#11
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Member Group: Members Posts: 28,687 Joined: 27 Nov 2007 Member No.: 15,642 |
...whcih presumably they did, and the GF didnt respond
As above really - this is a serious situation and she MUST get advice professionally. |
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Fri, 28 Sep 2018 - 15:39
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#12
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Member Group: Members Posts: 56,200 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
From what you say she has committed a very serious offence which if prosecuted will almost certainly result in a prison sentence (though sometimes suspended) which will have a significant impact on her life for a few years (and longer if she needs a record check for her job). A forum is not the place to discuss that. The devil (or saving grace) is in the detail, I suggests she gets qualified legal advice and fast.
Some examples http://forums.pepipoo.com/index.php?showtopic=120923 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 29 Sep 2018 - 09:35
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#13
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
If the RK is being prosecuted for the insurance violation and the speeding, the authorities would not appear to be pursuing any more serious charges (at this stage). But what is the logic behind prosecuting for the speeding as well as the permitting? She cannot be guilty of both driving the vehicle at the time of the offence and permitting someone without insurance to drive the vehicle at the time of the offence. Wouldn't one of these charges have to be dropped?
--Churchmouse |
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Sat, 29 Sep 2018 - 11:05
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#14
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
If the RK is being prosecuted for the insurance violation and the speeding, the authorities would not appear to be pursuing any more serious charges (at this stage). But what is the logic behind prosecuting for the speeding as well as the permitting? She cannot be guilty of both driving the vehicle at the time of the offence and permitting someone without insurance to drive the vehicle at the time of the offence. Wouldn't one of these charges have to be dropped? --Churchmouse I would have thought it was to give her the opportunity of saying that on further consideration she was driving, not the uncle she named, and accept the penalty for speeding, not the greater penalty of permitting no insurance, not to mention the far more serious offence of PCOJ. She cannot do that because she was not driving, but the best course of action at this stage would probably be to tell the truth, on further consideration her brother was driving, and hope other charges are dropped or not considered. If her brother was not insured, then the permitting might stand anyway. But consulting a solicitor promptly before doing anything is the best advice. -------------------- |
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