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No NIP or Reminder, Only SJPN
CheshireMatt123
post Thu, 8 Feb 2018 - 14:46
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Hi All,

My partner and I are in a weird predicament. I've tried searching this forum but can't quite find the same or very similar incident.

Yesterday, my partner received an SJPN with two charges: one for doing 51 in a 40 zone; and another for failure to give information relating to the identification of the driver of the vehicle.

We never received any initial correspondence and this is the first we knew about it. The original incident is said to have occurred on 05/10/2017 and I know that it was me driving from the date and location.

This is where we have the other issue: my partner has been charged with both offences but I'm the one that was driving.

We're not sure how to proceed with this so that I can be charged for the speeding offence only and she has all charges dropped?

Is this even possible? We know we never received the initial letters but have convinced ourselves they have sent them and will have proof they've sent them, which doesn't even matter at that point if we've received them or not.

My partner has had a speeding charge previously, received the necessary letters, filled them in correctly and timely and has done a speed awareness course. This just didn't happen this time around.

Any help would be appreciated.

Thanks,
Matt
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post Thu, 8 Feb 2018 - 14:46
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CheshireMatt123
post Mon, 12 Feb 2018 - 13:42
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QUOTE (The Rookie @ Mon, 12 Feb 2018 - 12:44) *
You'r partner either pleads guilty to the S172 offence (bad idea in my opinion) and not guilty to the speeding and gets sentenced accordingly, or not guilty to both and go's to court and defends that allegation as mentioned right at the top of the thread,


Do you think there's any chance that if we provide all my details in the letter and return it with two not guilty pleas that they will just charge me? Or is it a pretty done deal that they will continue to charge her for the S172 offence?

Also the more I think about it, the more I feel like I got fobbed off on the phone earlier. It may be worth another try and be more persistent this time?
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cp8759
post Mon, 12 Feb 2018 - 15:50
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QUOTE (CheshireMatt123 @ Mon, 12 Feb 2018 - 13:42) *
Do you think there's any chance that if we provide all my details in the letter and return it with two not guilty pleas that they will just charge me? Or is it a pretty done deal that they will continue to charge her for the S172 offence?

It is possible they might just charge you, I would call them and be a bit more persistent. Nobody can tell you for sure what they'll do because it's all down to how clued up the person at the other end is, but in principle their preference should be to prosecute you for speeding rather than prosecuting her for s172. Even if they say no, I would still get her to send a letter naming you as the driver (this would become useful later).
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CheshireMatt123
post Wed, 14 Feb 2018 - 13:32
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Small update:

Managed to get through again. I've found that the best time to catch them is around lunch time (no answers all morning - probably dealing with cases or something).

Attempted to get put through to a crown prosecutor but as I'm not the one being charged and I'm not presenting my partner they said that they wouldn't be able to discuss the case with me.

From being more persistent this time it seemed as though she would have put me through had I been my partner or her representation, so that's good news.

Next steps are to contact them again with my partner doing most of the talking at least initially before maybe saying that she gives permission for me to talk on her behalf (if she doesn't feel up to talking - she's quite anxious about this whole thing).

I'll keep you posted with any future updates.
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The Rookie
post Wed, 14 Feb 2018 - 18:01
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QUOTE (CheshireMatt123 @ Mon, 12 Feb 2018 - 14:42) *
QUOTE (The Rookie @ Mon, 12 Feb 2018 - 12:44) *
You'r partner either pleads guilty to the S172 offence (bad idea in my opinion) and not guilty to the speeding and gets sentenced accordingly, or not guilty to both and go's to court and defends that allegation as mentioned right at the top of the thread,


Do you think there's any chance that if we provide all my details in the letter and return it with two not guilty pleas that they will just charge me?

You appear to be outside the six months within which they can charge you, so vanishingly unlikely. Especially as from a not guilty plea they wouldn’t know who to charge anyway!


--------------------
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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andy_foster
post Wed, 14 Feb 2018 - 19:48
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QUOTE (The Rookie @ Wed, 14 Feb 2018 - 18:01) *
You appear to be outside the six months within which they can charge you, so vanishingly unlikely. Especially as from a not guilty plea they wouldn’t know who to charge anyway!


Is there anything in this thread that lead to you that somewhat dubious conclusion?

QUOTE (CheshireMatt123 @ Thu, 8 Feb 2018 - 14:46) *
The original incident is said to have occurred on 05/10/2017 and I know that it was me driving from the date and location.



--------------------
Andy

Millenial (noun): a person who is offended at being told "Suck it up, buttercup"
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CheshireMatt123
post Thu, 15 Feb 2018 - 10:17
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QUOTE (The Rookie @ Wed, 14 Feb 2018 - 18:01) *
QUOTE (CheshireMatt123 @ Mon, 12 Feb 2018 - 14:42) *
QUOTE (The Rookie @ Mon, 12 Feb 2018 - 12:44) *
You'r partner either pleads guilty to the S172 offence (bad idea in my opinion) and not guilty to the speeding and gets sentenced accordingly, or not guilty to both and go's to court and defends that allegation as mentioned right at the top of the thread,


Do you think there's any chance that if we provide all my details in the letter and return it with two not guilty pleas that they will just charge me?

You appear to be outside the six months within which they can charge you, so vanishingly unlikely. Especially as from a not guilty plea they wouldn’t know who to charge anyway!



QUOTE (andy_foster @ Wed, 14 Feb 2018 - 19:48) *
QUOTE (The Rookie @ Wed, 14 Feb 2018 - 18:01) *
You appear to be outside the six months within which they can charge you, so vanishingly unlikely. Especially as from a not guilty plea they wouldn’t know who to charge anyway!


Is there anything in this thread that lead to you that somewhat dubious conclusion?

QUOTE (CheshireMatt123 @ Thu, 8 Feb 2018 - 14:46) *
The original incident is said to have occurred on 05/10/2017 and I know that it was me driving from the date and location.




To clarify I think there is just under two months left before the 6 months runs out. However, the S172 requires a reply within 13 days. I've got a feeling that if the phone calls don't work and we have to return the form then they won't look at it for a while and at that point it may be too late for them to charge me instead, which will lead them to try and convict her for the charges I assume.
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