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Failing to provide driver information offence after speeding offence but no letters received.
Spud_Muncher
post Fri, 12 Oct 2018 - 16:29
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I recently received a letter from my work about deductions from my pay to pay off a debt. The letter only detailed the debt and payments I had to make so I did some digging and made some calls to find out what it was all about. Today I found out that the debt goes back to a speeding offence committed in March for which I did not return any driver details and not attend court hearings.

Back in March we moved across country and shortly after moving sent off the V5C Logbook for an address change and our driving licenses. We received our new driving licenses but forgot all about the V5C, admittedly we should have paid more attention and noticed no new V5C arrived. Speaking to the DVLA today the registered address has never been changed.

Due to this our car was still registered at the old address when the offence happened and all letters have gone to that old address, we have heard nothing about this offence until this past week when I got the letter about payments.

Due to having no documents relating to the offence we cannot work out who has driving at the time, we also don't know when or where this happened aside from the county it happened in.

Whether it was me or the wife that has been caught we are happy to hold our hands up and pay the fine/take the points for the speeding but what can be done about the failing to provide driver information offence? It has been suggested that we fight that with a statuary declaration explaining that we did not receive any letters, this would likely be accepted provided we accept the speeding offence. My wife isn't happy with that though as she doesn't want me to take the offence if it was her driving at the time.

Not really sure where we go from here. Is the only option for me as registered keeper to take it on the chin, accept we messed up not checking the logbook had come back to us and accept the speeding offence against myself?
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post Fri, 12 Oct 2018 - 16:29
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JRHartley
post Fri, 12 Oct 2018 - 16:35
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Make a statutory declaration. This will set aside the original conviction for FTF. If you make the stat dec at a court, you will likely be asked how you plead. In that case plead not guilty and then come back here for further advice.
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Jlc
post Fri, 12 Oct 2018 - 16:55
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Upon discovering the conviction you have a limited time (21 days) to perform (or at least apply) the Statutory Declaration- it’s not a ‘fight’ but simply a procedural matter to remove the conviction.

It’s what happens next that’s important.

You are hinting at a ‘plea bargain’ - that is dropping the more serious matter for the underlying offence. You need to check your licence status as you may have 6 points with a MS90 endorsement code.

If the SD is performed at court they will almost certainly ask for a plea afterwords. Unless the court is ‘plea bargain’ friendly you’ll have to plead not guilty to both offences - and likely adjourn for another day. (The key is not to plead guilty to the underlying offence unless the s172 is dropped)

You may not have the necessary information to make an informed decision such as the date/time and location of the allegation. Do you know the excess speed?

However, the RK should only strictly do this if they were driving, or at least believe it was likely. (Knowing they weren’t driving is another matter that could result in serious repercussions).

If the RK doesn’t believe this then defending the s172 will not be easy as they contributed to the failure. The good news is that the underlying speeding won’t be pursued. The bad news is the 6 points etc. if convicted.

This post has been edited by Jlc: Fri, 12 Oct 2018 - 17:05


--------------------
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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Spud_Muncher
post Fri, 12 Oct 2018 - 17:06
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QUOTE (Jlc @ Fri, 12 Oct 2018 - 17:55) *
Upon discovering the conviction you have a limited time (21 days) to perform (or at least apply) the Statutory Declaration- it’s not a ‘fight’ but simply a procedural matter to remove the conviction.

It’s what happens next that’s important.

You are hinting at a ‘plea bargain’ - that is dropping the more serious matter for the underlying offence. You need to check your licence status as you may have 6 points with a MS90 endorsement code.

If the SD is performed at court they will almost certainly ask for a plea afterwords. Unless the court is ‘plea bargain’ friendly you’ll have to plead not guilty to both offences - and likely adjourn for another day. (The key is not to plead guilty to the underlying offence unless the s172 is dropped)

You may not have the necessary information to make an informed decision such as the date/time and location of the allegation. Do you know the excess speed?

However, the RK should only strictly do this if they were driving, or at least believe it was likely. (Knowing they weren’t driving is another matter that could result in serious repercussions).

If the RK doesn’t believe this then defending the s172 will not be easy as they contributed to the failure. The good news is that the underlying speeding won’t be pursued. The bad news is the 6 points etc.


If I plead not guilty to both and then later find out it was myself driving does pleading guilty at the adjourned hearing not make matters even worse?

I do not know the excess speed, I don't know anything about the offence other than it was speeding sometime in March.
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Jlc
post Fri, 12 Oct 2018 - 17:13
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The not guilty to adjourn may be necessary if you have no information...

Once you have it then you can make an informed decision - either the plea bargain, defend the s172 or (worst case) plead guilty to the s172.

As long as you don’t go to trial then guilty discount will be available upon sentencing. There’s also a long shot on a fixed penalty equivalent sentence if a fixed penalty would have normally be offered...


--------------------
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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Spud_Muncher
post Fri, 12 Oct 2018 - 18:00
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QUOTE (Jlc @ Fri, 12 Oct 2018 - 18:13) *
The not guilty to adjourn may be necessary if you have no information...

Once you have it then you can make an informed decision - either the plea bargain, defend the s172 or (worst case) plead guilty to the s172.

As long as you don’t go to trial then guilty discount will be available upon sentencing. There’s also a long shot on a fixed penalty equivalent sentence if a fixed penalty would have normally be offered...


Ah ok I see. Will more information relating to the offence come after attending court then? I spoke to the court today and asked for copies of the letters sent to my previous address to be resent but they seemed reluctant to do so.
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