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SJP Notice. I did reply with driver identification., Threads merged
Sussexgirl
post Mon, 24 Sep 2018 - 11:32
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Hi all,

On 30th Jan my car was caught on a camera doing 37mph in a 30.
Letter regarding this was sent on 5th Feb.
I sent the driver details back asap.
(I was pregnant at the time and just found out my "partner" was having an affair. We had gone for a drive (he was driving) to talk rather than being stuck in the house. He even asked me to take the offence and do the speeding course for him as I had more free time. Obviously I said no way and furiously filled the form out and posted it off)
Fast forward to 17th September and an SJP comes to me. For speeding and failing to give drivers details!
The police have enclosed the pictures and luckily you can see the driver is male.
What do I do with regards to the plea? Any advice would be great.
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post Mon, 24 Sep 2018 - 11:32
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Sussexgirl
post Mon, 24 Sep 2018 - 21:12
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CTO tubby?
What's that?
I posted it, at the end of my road.

Ah man they're going to do me for it aren't they. As if he didn't make me feel sh*t enough. I'll now have points and a fine as a lasting memory!

What's a CTO tubby?

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peterguk
post Mon, 24 Sep 2018 - 21:28
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QUOTE (Sussexgirl @ Mon, 24 Sep 2018 - 22:12) *
What's a CTO tubby?


AF slang for an employee at Central Ticket Office.


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disgrunt
post Mon, 24 Sep 2018 - 22:12
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At the moment we don’t know if they lost your reply, or your reply was equivocal, or they sent a nip to your ex And the reply they got made them think you had not complied with the request properly.

Others will be able give more advice but you need to know the evidence you will be facing to decide if pleading guilty is the better course of actions.

However, you have a plausible story and appear to have nothing to gain by not replying so I’d be optimistic if it was me.
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The Rookie
post Tue, 25 Sep 2018 - 00:58
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QUOTE (Sussexgirl @ Mon, 24 Sep 2018 - 22:12) *
Ah man they're going to do me for it aren't they. !

why are you jumping to that conclusion, we’re only half way to sorting out all the possible issues. Stay calm, try to answer the questions. Do you have a witness statement from the staff at the camera office, what does it say? What documents sent to you or from you are included?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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Council PCN's
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Rookies 1-0 Birmingham

PPC PCN's
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Sussexgirl
post Tue, 25 Sep 2018 - 03:58
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Sorry a pessimistic moment. Just feel screwed over again. I'll confirm what docs I have in the morn and hopefully there's something we can use!
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nosferatu1001
post Tue, 25 Sep 2018 - 08:08
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Indeed, at the moment you appear to have a pretty good chance of defending this, based on the info you have given, because you really had NO reason NOT to nominate your ex, and frankly a fair few reasons TO nominate him!

The questions here are not meant to suggest you have no or a slim hope - we''re trying to find all and any angles on this so you have as much support as possible smile.gif
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Churchmouse
post Tue, 25 Sep 2018 - 08:29
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QUOTE (disgrunt @ Mon, 24 Sep 2018 - 23:12) *
At the moment we don’t know if they lost your reply, or your reply was equivocal, or they sent a nip to your ex And the reply they got made them think you had not complied with the request properly.

Like, she named him, and he named her sort of thing? I would have thought the police would have done something other than simply prosecute the RK in that situation.

--Churchmouse
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Redivi
post Tue, 25 Sep 2018 - 08:59
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He's the one with the bigger problem if he named her

She says the picture clearly shows a male driver
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Sussexgirl
post Tue, 25 Sep 2018 - 11:27
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Ok so my charges are:
Speeding exceeding 30mph. Automatic Camera Device
Fail to give information relating to ID of driver when required.
I have a section 20 certificate - Contravention of speed limit.
Detailing that car was caught on a Siemens Safezone camera.
Where it was operating, car make and model recorded in excess of 30mph speed limit.
This caused the device to produce a record in the form of photographs and data compromising exhibit EMP/1 which is then shown over leaf.
The device recorded the speed at 37mph.
Date signed 18.04.18.
There is then a witness statement. From the Camera Technician and Enforcement officer stating that he is employed by ******* police and what his duties are.
That the system auto populated a combine NIP and request u set section 172. Sent on 5th Feb.
It then says at the bottom of the letter.
"I can confirm that I have checked the computer system for a reply to section 172 request and there is no record of a reply to this request being received from the defendant. The system is such that the absence of a reply indicates no reply has been received"

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The Rookie
post Tue, 25 Sep 2018 - 13:14
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Ok so your reply either didn’t arrive or,was lost internally. It doesn’t really matter which.

The law provides a defence if it’s not reasonably practicable to reply within 28 days, in your case while you sent it, it’s arguably not a reply unless received, but as they appear from their own evidence to have not sent a reminder (most areas do) then it wasn’t reasonably practicable to send it again!


--------------------
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 8-0 PPC's
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Sussexgirl
post Tue, 25 Sep 2018 - 16:04
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Definitely no reminder....
So I would go for not guilty on both counts.
State driver not me. I did respond.
I have zero reason to not tell them who the driver was. Should I give back ground detail as to why I was so hellbent on getting the paperwork back? Or is that just tittle tattle to them?
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southpaw82
post Tue, 25 Sep 2018 - 18:18
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QUOTE (Sussexgirl @ Tue, 25 Sep 2018 - 17:04) *
I have zero reason to not tell them who the driver was. Should I give back ground detail as to why I was so hellbent on getting the paperwork back? Or is that just tittle tattle to them?

Yes. It goes towards your reason not to fail to name the driver. You’ll do all this at court from the witness box, you understand (assuming the matter proceeds to trial).


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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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Sussexgirl
post Wed, 26 Sep 2018 - 08:03
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Not looking forward to that at all.
Ok I'm going to do the not guilty plea today. Shall I put everything in the mitigating circumstances on the form?
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AntonyMMM
post Wed, 26 Sep 2018 - 08:16
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No - mitigation is for guilty pleas (or after having been found guilty).

You simply plead not guilty - I would add a simple "the driver nomination was completed and returned as required" so they know the basis of the case, which you would have to disclose anyway.

Then you wait for notification of a court date.
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Sussexgirl
post Wed, 26 Sep 2018 - 09:02
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Ah right ok. Do you have any idea of how long these dates take to come through?
Also, can I take my baby with me? Not the greatest place to take her but she's breast fed.
Obviously I will get someone to wait outside the court room with her!!
The 2 boys I can get looked after
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Logician
post Wed, 26 Sep 2018 - 09:31
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It all depends how busy the court is in the area, but do not expect it to happen very quickly. There will be a waiting area for people waiting for their cases to come on and witnesses, so there will be somewhere where you can sit with your baby and someone to look after her while you are in the court room.


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Sussexgirl
post Wed, 26 Sep 2018 - 09:45
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Great, thanks everyone for your help!
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Sussexgirl
post Mon, 12 Nov 2018 - 09:59
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Hi all,
I am in court tomorrow at 10am for
Speeding and Failure to give driver details

I pleaded not guilty on line as I wasn't driving, it was my partner at the time and I did send the paperwork.

So my letter giving me my court days says that...

The magistrate has decided it should go to a hearing before a full magistrates court (sounds frightening)

Reason- For a case management hearing (deft to attend) so that the court can decide how the trial will be conducted. Then it will be adjourned to another date when there is sufficient time to heat it in full.
If I attend, to arrive 30 mins early.
If I don't attend they may still deal with it in my absence.
If they don't have up to date info about my finances I may be ordered to pay a fine more than I can afford.

I know that writing all that makes it look pretty self explanatory, but do I literally wait to be called in, go in and say what happened and see what they say. Should I write down my incoming and outgoings to hand over?

Should I speak to the court staff first?
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Jlc
post Mon, 12 Nov 2018 - 10:18
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Was the (s172 - name the driver) paperwork returned in time? Was it correctly filled in and signed?

Did you get proof of posting? Did you ever hear anything back?


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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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BaggieBoy
post Mon, 12 Nov 2018 - 10:24
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Presumably this case? Hopefully a moderator will merge the threads.
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