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seanet
Hi, new here and had a quick browse, some mind boggling stuff.  Im sure this question has been answered a thousand times, but please humor me, I could spend the rest of my life trawling through here looking for the relevant info.

I received an NIP in mid Feb which I duly mislaid and forgot about.  I don't recall ever receiving a reminder although I cant be certain I didnt.

Anyway, I got my memory jogged with a shock a couple of days ago when a summons landed on my doorstep for failing to identify driver.

I need to know the best way to proceed from here with damage limitation in mind.  Im happy to identify myself as the driver and take the usual conditional offer (if there is any way I can get it at this stage).  A further complication is that my date in court is 5th Sept - I fly to USA on 3rd for a couple of weeks holiday.

Thank you in advance for any advice or help you can give me, feeling pretty worried about this now.
andy_foster
It's too late to take the COFP. You've failed to provide the driver's details.

It is possible that if you don't know who was driving, and couldn't have ascertained with reasonable diligence who was driving, you could run a subsection (4) defence, but after totally failing to respond, it seems unlikely that a court would believe you.

It is possible, although IMHO unlikely that there might be a fatal flaw in the prosecution evidence.
If you can scan the summons and bundle, remove personally identifiable details and post it here, we can have a look for flaws.

Other than that, the hearing date is for a plea to be entered, which can be done by post. If you intend to plead guilty, you can usually do so by post, and expect a mandatory 3 points (MS90 offence code) and ~£300 fine/costs.
If you plead not guilty, another date will be set.
seanet
My initial thoughts were to claim that I returned the NIP and was waiting for the conditional offer but my returned NIP was lost in the post, therefore pleading not guilty to failing to supply the info.  Is this a bad idea?  What about the "didn't recieve NIP" route?

Failing that, if I have to 3 points and £300 fine, then so be it.  Would I then face another 3 points and £60 fine for the speeding offence itself, and above all, does this then give me a criminal record, which ultimately is the main thing here that I am trying to avoid.

Thanks
andy_foster
Lying under oath is called perjury, which can if convicted, result in a custodial sentence (and a criminal record).
You might get away with it, but you might not.

Failing to furnish (s.172) and speeding are criminal offences, but do not give you a criminal record (although they are recorded on your driving licence.

For them to convict anyone for speeding, they'd need to know who was driving - hence why they sent you that letter in February.
They would have to had laid an information with the court (basically issued a summons) within 6 months of the date of the alleged offence to prosecute for speeding.
Sometimes they will summons people for both offences, but as far as I can tell, that is always either in the same summons, or at least the same envelope.
If they had, you might have been able to plea bargain.
seanet
Thanks Andy, appreciate the help.
nigeldunne64
Seanet, something that MAY be worth a try that doesn't involve lying.
Write back to them, explaining that you had lost the NIP and as you didn't receive any reminders the whole thing had been forgotten. Explain that the summons has jogged your memory about the whole matter and that you would like to comply with S172.

(7) A requirement under subsection (2) may be made by written notice served by post; and where it is so made—
(a) it shall have effect as a requirement to give the information within the period of 28 days beginning with the day on which the notice is served, and
(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.

Please note that 7b allows you to have gone beyond the 28 days IF you can show that you have given the information as soon as reasonably practicable. The hard point of course is for you to explain why you failed and to convicne them that this summons has jogged your memory and you are now complying.
At the end of the day it may be worth spending a few minutes drafting a suitably grovelling letter if only to redue the penalty  :idea:
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