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Single Justice Procedure Notice
boltblue1
post Fri, 21 Jun 2019 - 17:03
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Hi

I'm in need of some advice, as I'm at a complete loss on what to do.

We received a standard speeding offence based on the vehicle being registered at 42MPH in a 30MPH zone. Both my partner and I share the driving equally in the house, and it's generally whoever picks up the car keys drives.

On the day of the offence, we can not remember who was driving that morning, and having read the offence deceleration in detail it makes it very clear not to sign unless you are 100% clear on the driver's details. We, therefore, decided to reply being and advised we were unsure, and it will be one of two names and asked if they had a forward facing photo of the vehicle to confirm the driver.

The police replied and advise no other images had been taken and it was purely the rear facing image of the car.

Both my partner and I sent letters back advising that we weren't 100% sure who was driving and as they also didn't have further evidence we weren't able to confidently provide drivers details.

About a month has passed, but today we've received a very basic letter advising the matter has been referred to the Magistrates, purely on the basis we have been unable to provide driver details and not for the speeding offence, and will we receive a Single Justice Procedure Notice.

We are now both very concerned as we are heavily reliant on being able to drive for work purposes and really unclear what will happen next.

I understand that the standard view is we are trying to avoid justice, however, we have attempted to be honest and based on the information stated in the original speeding fine it is very clear that you should not sign the declaration if you are not 100% sure on the driver details.

Can anyone give some guidance on what we should?
Should I reply to the police letter advising they are referring to the Magistrates?

I appreciate we need to wait to receive the Single Justice Procedure Notice, but I've just spent an hour or so googling and got completely lost and very concerned with it all

Thanks

This post has been edited by boltblue1: Fri, 21 Jun 2019 - 17:11
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post Fri, 21 Jun 2019 - 17:03
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Jlc
post Fri, 21 Jun 2019 - 17:33
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The response must be unequivocal. Failing to do so will result in a court hearing (unless you want to plead guilty).

Nothing you can do until the SJPN arrives for a plea. If it contains both offences then you could consider a plea bargain (that is offering to plead guilty to the speeding offence in exchange for dropping the more serious offence).

Alternatively, you can defend the s172 charge on the basis you did not know who was driving and could not identify them after reasonable diligence (what have you done?).

It is possible to defend but it will be difficult with a nasty result of 6 points and fines and costs likely to exceed £1k.

Many have fallen into this issue as they cannot be 100% - naming the most likely driver is usually the best way. (Deliberately naming the wrong driver is something else)


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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boltblue1
post Fri, 21 Jun 2019 - 17:38
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So the letter we have received from GMP clearly states to SJPN will only be for failing to furnish them with the driver's details

I am unsure what more we can do to identify the driver, as we have asked for further images which they do not have

On the basis the SJPN comes as we understand with just the one offence for failing to provide driver details, do I plead guilty or not guilty?
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Jlc
post Fri, 21 Jun 2019 - 17:54
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We cannot tell you what to plead.

If you plead guilty then you’ll receive 6 points, a fine of around 1 week’s relevant earnings, costs of £85 and surcharge of 10% of the fine.

Not guilty opens you up to more costs and fine.

The pictures are to identify the vehicle and the offence only so do not help you in a defence. You must show sufficient reasonable diligence to acquit.

You could try seeing if they’d accept a late nomination but as the offence has already occurred then they don’t have to and providing an unequivocal response might undermine any defence.

This post has been edited by Jlc: Fri, 21 Jun 2019 - 17:55


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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NewJudge
post Fri, 21 Jun 2019 - 20:48
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Unfortunately you've fallen foul of the offence of being honest mellow.gif

Success in defending the allegation you face on the basis you mention is rare. Here's one success:

https://www.dailymail.co.uk/news/article-20...d-speeding.html

But they are rare. If you think about it, if courts were to routinely accept the "dunno who was driving" approach everybody would do it.

I doubt an approach to the ticket office with "we've suddenly remembered" will succeed as court action has already been instigated. Since (it seems) you are not being "dual charged" the prospect of doing a "deal" (to plead guilty to speeding in exchange for the FtP charge being dropped) is not a runner (and in any case you don't know who was driving and have admitted as such). This leaves you either to plead guilty or to defend the matter. The statutory defence is that you should not be guilty if you "...did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was." Have you exercised any "diligence" to try to establish who was driving (e.g. tried to reconstruct the day, looked at phone records, credit card receipts, etc.) or have you simply decided that you cannot remember?

This post has been edited by NewJudge: Fri, 21 Jun 2019 - 20:50
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