Speeding / Failing to Identify Driver (Old Address), STAGE: Single Justice Procedure Notice |
Speeding / Failing to Identify Driver (Old Address), STAGE: Single Justice Procedure Notice |
Thu, 22 Mar 2018 - 10:47
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#1
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New Member Group: Members Posts: 2 Joined: 22 Mar 2018 Member No.: 97,184 |
Hello everyone, thanks in advance for your thoughts on this one.
SITUATION
ORDER OF EVENTS 24/03/2017 - Buy new property, move in. Rent out our now 'old' property, Tenancy Agreement Signed. WHAT NEXT? Address to me: I have to plead guilty or not guilty to 2 offenses. First: Speeding. FINAL THOUGHT We live 'by the book'. 6 points, £1,000, other legal expenses, ongoing insurance increases, etc. feels insanely unfair for missing an address change. Any thoughts or examples of this happening are much appreciated. |
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Thu, 22 Mar 2018 - 10:47
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Thu, 22 Mar 2018 - 11:22
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#2
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Member Group: Members Posts: 56,196 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
So did you change the registered keeper address for the vehicle?
Not sure what you mean by 'car service', are you the registered keeper or not? If you plead not guilty to both charges the case will be transferred to a normal magistrates court and (assuming you were probably driving) you can do a deal to plead guilty to the speeding and the prosecution will almost certainly agree to drop the S172, you'll then just be punished for the speeding offence. -------------------- 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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Thu, 22 Mar 2018 - 11:30
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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 |
assuming you were probably driving Did you read the thread? Particularly: I wasn't driving (wife was) Address to me: I have to plead guilty or not guilty to 2 offenses. First: Speeding. If the keeper was driving then there's a different approach but doesn't apply here. (Basically to drop the s172 charge in favour of the speeding) So, you simply plead not guilty to this. Second: Failing To Provide Driver Information in time. Driving offences in my mind are linked to the driving licence. I didn't make the connection to the car having its own document (V5). Would I have a case under 'Road Traffic Act 1988 - Section 172 (7) (b)' as I can prove through a witness (tenant) that this is my first reasonable practical moment to respond to the NIP? Road Traffic Act 1988 - Section 172 (7) (b) (7) A requirement under subsection (2) may be made by written notice served by post; and where it is so made- (b) the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it. So this is the main event. Even though you weren't driving, that doesn't provide a defence. You don't seem to have put in place a way to receive the mail on a timely basis. The redirect was great but expired and you didn't update the v5. Proving you did not receive the s172 request does not provide an automatic defence. See Whiteside v DPP [2011]. As you note, the 'as soon as reasonably practicable' defence is the only realistic defence. But it is a long shot as you appear to have contributed to the failure. We live 'by the book'. 6 points, £1,000, other legal expenses, ongoing insurance increases, etc. feels insanely unfair for missing an address change. Any thoughts or examples of this happening are much appreciated. Fairness isn't a consideration here. It can be a nasty conviction indeed. This post has been edited by Jlc: Thu, 22 Mar 2018 - 14:10 -------------------- 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, 22 Mar 2018 - 11:45
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#4
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New Member Group: Members Posts: 2 Joined: 22 Mar 2018 Member No.: 97,184 |
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Thu, 22 Mar 2018 - 12:00
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#5
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
We live 'by the book'. Unfortunately as far as the law is concerned, you don't. As you might now appreciate, not updating the V5C address is itself an offence. At this point it's going to be far too late for the Crown to prosecute your wife for speeding, and nothing you have said amounts to a defence to the s172 charge. The only options you have are: 1) Plead guilty to the s172 offence and not guilty to speeding. 2) Plead not guilty to both, you and your wife both go to court. Before the hearing, you find the prosecutor who has the conduct of the matter, explain the situation and ask if your wife can plead guilty to the speeding offence, in exchange for the s172 charge against you being dropped. There is no guarantee that he or she will agree, but you have nothing to lose in trying. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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