Speeding Offence with driver information missing |
Speeding Offence with driver information missing |
Wed, 20 Feb 2019 - 20:52
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#1
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New Member Group: Members Posts: 5 Joined: 15 Jul 2012 Member No.: 56,023 |
I have been sent a speeding offence which shows my car doing 35mph in a 30mph zone. The photograph has been sent to me with the notice.
The car is insured for me and my wife and since it is a route we both take, and the fact that it was sent to me 2 weeks after the offence, makes it difficult for me to remember who was driving. I wrote back to Thames Valley Police asking if they could show me who was driving the car and also mentioned that it would be either my wife or me. I also mentioned that if they cannot provide any further evidence I was willing to be liable for the offence. I have now received a Single Justice Procedure Notice from the police. CAn someone advise please what I should do? Thanks for any help which any of you could offer |
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Wed, 20 Feb 2019 - 20:52
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Wed, 20 Feb 2019 - 20:59
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#2
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
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Wed, 20 Feb 2019 - 21:13
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#3
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
I also mentioned that if they cannot provide any further evidence I was willing to be liable for the offence. They had no obligation to provide this. You have to unequivocally name the driver - you can't 'offer' to accept the points. Upon receiving the request to name the driver, the keeper must use reasonable diligence to identify the driver. If they do not know, nor can identify them from the aforementioned diligence then there's a potential statutory defence. However, you'll have an uphill struggle to convince the bench. Failing to successfully use this defence will see 6 points, a large fine, costs (over £300) and a surcharge of 10% of the fine (min. £30). But as asked above, what offence(s) are listed are important. This post has been edited by Jlc: Wed, 20 Feb 2019 - 21:13 -------------------- 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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Thu, 21 Feb 2019 - 20:35
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#4
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New Member Group: Members Posts: 5 Joined: 15 Jul 2012 Member No.: 56,023 |
i was doing 35mph in a 30mph zone
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Thu, 21 Feb 2019 - 20:49
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#5
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Member Group: Members Posts: 6,723 Joined: 3 Apr 2006 From: North Hampshire Member No.: 5,183 |
That wasn't the question, what (exactly) are the offences listed on the SJPN?
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Thu, 21 Feb 2019 - 20:50
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#6
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Member Group: Members Posts: 3,283 Joined: 5 Jan 2012 Member No.: 52,178 |
i was doing 35mph in a 30mph zone That doesn't answer BaggieBoy's question. If you were as evasive in answering the S.172 request as you describe, and even going as far as saying you'll take the hit even if you can't unequivocally say who was driving, then I wouldn't be surprised if you got a Failing to Furnish charge. I just hope for your sake it's just a speeding charge on the SJP. |
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Fri, 22 Feb 2019 - 15:54
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#7
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
i was doing 35mph in a 30mph zone That doesn't answer BaggieBoy's question. If you were as evasive in answering the S.172 request as you describe, and even going as far as saying you'll take the hit even if you can't unequivocally say who was driving, then I wouldn't be surprised if you got a Failing to Furnish charge. I just hope for your sake it's just a speeding charge on the SJP. It would be very unusual for the police to accept an "equivocal" answer to their s.172 query and prosecute only the underlying speeding charge. Apart from a guilty plea, they would have no way of convicting the defendant if he/she had not been unequivocally identified as the driver at the time of the offence. A plain FTF would be possible, but the most likely scenario would be for both to be charged. If that is the case, the driver may have the option of doing the "plea bargain" at court and being convicted only of the speeding charge. But, for that to happen a not guilty plea to both charges would be required now, which should see the case transferred to magistrates' court, and then the driver will have to make an appearance there. --Churchmouse |
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Fri, 22 Feb 2019 - 17:38
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#8
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
A plain FTF would be possible, but the most likely scenario would be for both to be charged. --Churchmouse Assuming you mean both would be charged with a S172 offence, how could the Mrs be charged if she had not been sent a S172 request? Or am I getting hold of the wrong end of the stick? |
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Fri, 22 Feb 2019 - 18:23
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#9
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
A plain FTF would be possible, but the most likely scenario would be for both to be charged. --Churchmouse Assuming you mean both would be charged with a S172 offence, how could the Mrs be charged if she had not been sent a S172 request? Or am I getting hold of the wrong end of the stick? FTF and speeding I assume. -------------------- 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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Sat, 23 Feb 2019 - 08:25
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#10
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
I have been sent a speeding offence which shows my car doing 35mph in a 30mph zone. The photograph has been sent to me with the notice. You have not been sent a "speeding offence". You were probably sent a Notice of Intended Prosecution, which required you to name the driver under section 172 of the Road Traffic Act 1988. Alternatively, you could have been sent something else. Whilst you might think that trying to guess what has actually happened because the person who wants us to spend our time giving them free advice can't be bothered to provide accurate details is a fun game, we can get bored of it easily. QUOTE CAn someone advise please what I should do? Spend a little time with the relevant documents, and answer the questions you have been asked. -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sat, 23 Feb 2019 - 16:04
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#11
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
A plain FTF would be possible, but the most likely scenario would be for both to be charged. --Churchmouse Assuming you mean both would be charged with a S172 offence, how could the Mrs be charged if she had not been sent a S172 request? Or am I getting hold of the wrong end of the stick? FTF and speeding I assume. Sorry for the confusion; yes, I meant the same person would be charged with both FTF and speeding. --Churchmouse |
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