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help! Double whammy, Single justice procedure notice
Rockferry
post Sun, 10 Jun 2018 - 11:19
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Hi
I was issued with an NIP but because it was either my son or I driving was reluctant to fill it in.
I asked for a picture -no joy identifying who it was of.course, then I asked for calibration.
I was still unsure and because I was not only convinced it wasn't me (never any speeding fines whereas my son has) and so frightened of committing perjury I hesitated. Now I've been issued with this notice.
I've since managed to clarify it was me driving.
So I have a speeding fine -36 in a 30 and a failure to identify.
I'm 64 on low income and want to know the cheapest way of dealing with this.
Also I've been told that going to court on this is an automatic £85 charge?
So can it be done by post?
Thanks, sorry for the long explanation.

This post has been edited by Rockferry: Sun, 10 Jun 2018 - 11:23
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post Sun, 10 Jun 2018 - 11:19
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BaggieBoy
post Sun, 10 Jun 2018 - 11:37
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You should got advice much earlier. Since the driver has not been named you (as the registered keeper) have now been charged with the much more serious offence of failing to identify, which on the face of it you are guilty of.

This is a 6 point offence, large fine, costs and victim surcharge (10% of the fine or a minimum of £85) and an MS90 code on your driving record that will increase your insurance costs for up to 5 years. As a lifeline they have also listed the speeding charge, although without the identify of the driver that offence cannot be realistically be prosecuted. The reason it is there is to allow you to do a plea bargain, i.e. agree to plead guilty to the speeding and they will drop the failing to identify charge. To do this deal you would need to plead not guilty to both charges and then when requested to attend court you would need to find the prosecutor and get the to agree to the deal.

However this is only an option if you agree you were the driver, which doesn't seem to be the case here.
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StuartBu
post Sun, 10 Jun 2018 - 11:48
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Baggie Boy >>> " Ive since managed to clarify it was me driving"
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Jlc
post Sun, 10 Jun 2018 - 11:55
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QUOTE (Rockferry @ Sun, 10 Jun 2018 - 12:19) *
Also I've been told that going to court on this is an automatic £85 charge?

Court costs for a guilty plea are £85. However, there's still the matter of the fine(s) and surcharge.

That excess, for the speeding, would be 3 points and a fine of 33% of weekly relevant earnings. (There's a minimum of £120) So the lowest possible cost would be £40+£85 costs+£30 surcharge=£155.

Then there's the matter of the s172 (failing to furnish driver) charge.

QUOTE (Rockferry @ Sun, 10 Jun 2018 - 12:19) *
So can it be done by post?

No. Unless you want 9 points and a large bill.

A plea bargain is the way forward but court attendance is a must. You must not be tempted to plead guilty to the speeding until you have confirmed the failing to furnish is dropped.

This post has been edited by Jlc: Sun, 10 Jun 2018 - 11:58


--------------------
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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Rockferry
post Sun, 10 Jun 2018 - 13:30
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Just to clarify, it was me driving. I admitted to this after the last communication with the original NLP.
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Jlc
post Sun, 10 Jun 2018 - 15:52
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QUOTE (Rockferry @ Sun, 10 Jun 2018 - 14:30) *
Just to clarify, it was me driving. I admitted to this after the last communication with the original NLP.

Explain, you say the SJPN has failing to furnish charge on it?


--------------------
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 Sun, 10 Jun 2018 - 16:38
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QUOTE (Rockferry @ Sun, 10 Jun 2018 - 14:30) *
Just to clarify, it was me driving. I admitted to this after the last communication with the original NLP.

Was it "I was the driver" or "I was probably the driver"? The wording is important.
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Rockferry
post Mon, 11 Jun 2018 - 13:37
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I didn't fill in any form, just admitted it was me driving.on a letter to the police but after speaking to them apparently they had already sent papers to the court.and explained that I hadn't filled the form in because I had huge doubts about who was driving.
They actually said it was the right thing to do but it was too late

This post has been edited by Rockferry: Mon, 11 Jun 2018 - 13:44
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Jlc
post Mon, 11 Jun 2018 - 13:51
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Yes, much too late.


--------------------
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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Rockferry
post Sat, 16 Jun 2018 - 10:32
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SJPN has two charges 1. Speeding 2. Failure to furnish
Out WIZARD is thinking that because I tried very hard to establish the driver (photos, calibration) and there was genuine confusion over this along with my reluctance to commit fraud by identifying the wrong driver, I'm not guilty of this. Especially when sent a letter telling me it was my responsibility to identify or I will be subject to prosecution. (I phoned and wrote after being sent a letter giving me 10 days to reply to which I replied it had to be me based on subsequent in-depth conversation with other party and the time it was)

So, do I plead not guilty to both? Guilty to speeding but not failure to furnish or not guilty to both?

What can I expect after?
So sorry for the heavyweight post, but as I'm on a very low wage, it's important to mitigate costs.

Thank you
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NewJudge
post Sat, 16 Jun 2018 - 11:07
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No you do not plead guilty to both.

You plead not guilty to both. This will see the matter listed for a normal court hearing. You must attend that hearing and undertake the "plea bargain" described earlier.
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Jlc
post Sat, 16 Jun 2018 - 11:12
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Indeed, re-read the earlier posts and then ask specific questions. Your latest question is answered already.


--------------------
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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