Quick query on process |
Quick query on process |
Sat, 25 Mar 2023 - 18:24
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#1
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Member Group: Members Posts: 53 Joined: 25 May 2014 Member No.: 70,880 |
My son moved house a while ago & it looks like he forgot to update his log book & as a result of an offence back in October now has both a speeding charge & a FtF charge to deal with. Today is the first he knew of this by all accounts.
I know from other posts the normal route would be to plead NG to both then turn up in court & try to do a deal. He's happy enough to do this, doesn't dispute the charge & is quite willing to put his hands up to the speeding & pay as appropriate. What I wondered though is whether or not it's possible to circumvent that in any way. By which I mean offering that deal now rather than waiting until the day in court. Obviously he knows that he screwed up with the log book, but he was supposed to be having post forwarded by the new occupant of his old address so doesn't know why nothing ever arrived. Anyway, if court is the only way that's fine, but if it can be resolved more quickly & directly then we'd be grateful for any advice |
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Sat, 25 Mar 2023 - 18:24
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Sat, 25 Mar 2023 - 18:49
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#2
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
He can try - nothing to lose. Many areas were accepting the deal remotely during the pandemic but many have resumed normal working now. I assume he has a "Single Justice Procedure Notice" in which case he can make his offer when he sends his pleas back. He should make sure, though, that he pleads Not Guilty to both and makes it clear that he will only plead guilty to speeding on the condition that the FtP charge is dropped.
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Sat, 25 Mar 2023 - 20:32
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#3
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Member Group: Members Posts: 53 Joined: 25 May 2014 Member No.: 70,880 |
He can try - nothing to lose. Many areas were accepting the deal remotely during the pandemic but many have resumed normal working now. I assume he has a "Single Justice Procedure Notice" in which case he can make his offer when he sends his pleas back. He should make sure, though, that he pleads Not Guilty to both and makes it clear that he will only plead guilty to speeding on the condition that the FtP charge is dropped. Many thanks for your reply New Judge. I've shared that with him. I've not seen any documentation yet but will get him to send me a scan. Thanks again. This post has been edited by Minushabens: Sun, 26 Mar 2023 - 07:08 |
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Sun, 26 Mar 2023 - 07:43
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#4
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
There's seldom a downside to asking - worst case is a 'no' and he's no further back!
Needs to be careful how he words the response though - a written admission of the FTF isn't a good idea!! |
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Sun, 26 Mar 2023 - 14:48
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#5
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Member Group: Members Posts: 53 Joined: 25 May 2014 Member No.: 70,880 |
Yes we're just working through it now...he can articulate reasons why he thinks he's not guilty of the FtF charge, but we're struggling to explain the 'tell us why you believe you are not guilty' to the speeding section (it won't allow a blank answer). Given that he's going to admit it down the line, any suggestions what to put there? I'm trawling looking for similar threads atm, but not yet found anything.
Thanks also for the reply. |
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Sun, 26 Mar 2023 - 15:11
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#6
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Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Yes we're just working through it now...he can articulate reasons why he thinks he's not guilty of the FtF charge, but we're struggling to explain the 'tell us why you believe you are not guilty' to the speeding section (it won't allow a blank answer). Given that he's going to admit it down the line, any suggestions what to put there? I'm trawling looking for similar threads atm, but not yet found anything. Thanks also for the reply. No need to expand on reasons at all - those fields aren't compulsory. He can't articulate reasons for the FTF if it was 'only' failing to complete the change of ownership documentation (or online)................. Again, be careful what's written as a deal may be swiped away if he's trying to defend the indefensible.......... |
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Sun, 26 Mar 2023 - 15:17
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#7
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Member Group: Members Posts: 3,300 Joined: 17 Jun 2011 Member No.: 47,602 |
As above, he doesn't have to give reasons, in fact it's far better not to. If the system won't accept a blank field use spaces, or just repeat 'Not Guilty'.
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Sun, 26 Mar 2023 - 16:41
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#8
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Member Group: Members Posts: 53 Joined: 25 May 2014 Member No.: 70,880 |
Thanks all. Great advice as always.
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Wed, 29 Mar 2023 - 18:21
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#9
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Member Group: Members Posts: 53 Joined: 25 May 2014 Member No.: 70,880 |
Hi again...quick update on this. The SJP form didn't allow any space to offer a deal, so he just went with a double NG plea. Today though he has had an e-mail from the court saying if he wishes to change his plea, to e-mail them.
This seems to me a good point to make the offer, so I'm drafting a response along these lines... Dear sir/madam I received your e-mail IRO the above case reference number today. At this stage I do not wish to change my plea. However, in the interests of a swift resolution to the matter, I am prepared to plead guilty to the speeding charge in return for dropping the Failure to Furnish charge. If this is acceptable to you, please let me know so that appropriate arrangements can be made. Does that make sense or should he take a different approach? Thanks as always. |
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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 05:42 |