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Stratos
Hello everyone, thanks in advance for your thoughts on this one.

SITUATION
  1. We buy a house so our 2 babies (1 and 2 y/o) have space. Manage to keep the flat we were living in and rent it out. Crazy times but loving life.
  2. We set about changing every conceivable address we can, including driving licence, car insurance, car service.
  3. We setup a 3 month redirect with Royal Mail and updated the remaining addresses that filtered through.
  4. Wife caught speeding, fixed camera, 36 in a 30 - she didn't realise.
  5. Our only cadence to visit our old rented property is for a 6 month tenancy agreement to be signed.
  6. Whilst getting that signed, pick up small amount of junk mail and there is the NIP and reminder (way past 28 days).
  7. Move like the wind, but have just received court pack.

ORDER OF EVENTS
24/03/2017 - Buy new property, move in. Rent out our now 'old' property, Tenancy Agreement Signed.
08/07/2017 - 3 month Royal Mail Redirect finishes.
24/09/2017 - Tenancy Agreement Re-signed
17/10/2017 - Speeding offense
20/10/2017 - Notice of Intended Prosecution (sent to 'old' property)
23/11/2017 - Reminder of Application for the Identity of the Driver (sent to 'old' property)
15/03/2018 - Tenancy Agreement re-signed (Signed early as they will be away. Effective date 24/03/2018).
SAME DATE - Post picked up, including the 2 above letters. Panic!
16/03/2018 - Complete both forms, nominate I'm not driver (my wife was).
SAME DATE - Include written justification for delay (Include witness statement, tenancy agreement and Royal Mail redirect proof) email and post to the Safer Roads Unit.
SAME DATE - Sent signed V5C logbook to the DVLA with new address completed (section 6).
19/03/2018 - Contact Safer Roads Unit by phone who say it's to late, its gone to court and they are about to send out a court pack.
21/03/2018 - Receive court pack , which is a Single Justice Procedure Notice (serviced within 6 months).


WHAT NEXT?
Address to me: I have to plead guilty or not guilty to 2 offenses.
First: Speeding.
I wasn't driving (wife was), how is this going to work as I'm going to court for her right now?

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.


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.


The Rookie
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.
Jlc
QUOTE (The Rookie @ Thu, 22 Mar 2018 - 11:22) *
assuming you were probably driving

Did you read the thread? Particularly:

QUOTE (Stratos @ Thu, 22 Mar 2018 - 10:47) *
I wasn't driving (wife was)



QUOTE (Stratos @ Thu, 22 Mar 2018 - 10:47) *
Address to me: I have to plead guilty or not guilty to 2 offenses.
First: Speeding.
I wasn't driving (wife was), how is this going to work as I'm going to court for her right now?

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.

QUOTE (Stratos @ Thu, 22 Mar 2018 - 10:47) *
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.

QUOTE (Stratos @ Thu, 22 Mar 2018 - 10:47) *
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.
Stratos
QUOTE (Jlc @ Thu, 22 Mar 2018 - 11:30) *
Fairness isn't a consideration here. It can be a nasty conviction indeed.

No kidding!

Would you advise a 'Guilty' or 'Not Guilty' for 'Failing To Provide Driver Information in time.' ?


cp8759
QUOTE (Stratos @ Thu, 22 Mar 2018 - 10:47) *
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.
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