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Speeding Offence with driver information missing
ranjitnarula
post Wed, 20 Feb 2019 - 20:52
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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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post Wed, 20 Feb 2019 - 20:52
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BaggieBoy
post Wed, 20 Feb 2019 - 20:59
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QUOTE (ranjitnarula @ Wed, 20 Feb 2019 - 20:52) *
I have now received a Single Justice Procedure Notice from the police.

What offences are listed?
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Jlc
post Wed, 20 Feb 2019 - 21:13
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QUOTE (ranjitnarula @ Wed, 20 Feb 2019 - 20:52) *
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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ranjitnarula
post Thu, 21 Feb 2019 - 20:35
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i was doing 35mph in a 30mph zone
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BaggieBoy
post Thu, 21 Feb 2019 - 20:49
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That wasn't the question, what (exactly) are the offences listed on the SJPN?
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The Slithy Tove
post Thu, 21 Feb 2019 - 20:50
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QUOTE (ranjitnarula @ Thu, 21 Feb 2019 - 20:35) *
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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Churchmouse
post Fri, 22 Feb 2019 - 15:54
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QUOTE (The Slithy Tove @ Thu, 21 Feb 2019 - 20:50) *
QUOTE (ranjitnarula @ Thu, 21 Feb 2019 - 20:35) *
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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NewJudge
post Fri, 22 Feb 2019 - 17:38
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QUOTE (Churchmouse @ Fri, 22 Feb 2019 - 15:54) *
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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southpaw82
post Fri, 22 Feb 2019 - 18:23
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QUOTE (NewJudge @ Fri, 22 Feb 2019 - 17:38) *
QUOTE (Churchmouse @ Fri, 22 Feb 2019 - 15:54) *
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.


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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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andy_foster
post Sat, 23 Feb 2019 - 08:25
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QUOTE (ranjitnarula @ Wed, 20 Feb 2019 - 20:52) *
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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Churchmouse
post Sat, 23 Feb 2019 - 16:04
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QUOTE (southpaw82 @ Fri, 22 Feb 2019 - 18:23) *
QUOTE (NewJudge @ Fri, 22 Feb 2019 - 17:38) *
QUOTE (Churchmouse @ Fri, 22 Feb 2019 - 15:54) *
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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