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#Post#: 119469--------------------------------------------------
I’ve received a SJPN after I already sent off details.
DIR By: Natedog
Date: May 22, 2026, 1:49 am
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Hi, I’m looking for some help with my case.
I received a s.172 letter asking for the drivers details of my
vehicle, as they were seen holding their phone at a red traffic
light.
I received the letter on the Friday and I replied and sent back
the details of the driver on the Monday. This was the end of
October 2025.
I have just received a SJPN with a single charge of failing to
provide the details of the driver. That is the only charge. The
mobile phone charge is not on the paperwork.
Am I right in thinking I have to plead not guilty as I did send
off the paperwork? Annoyingly I didn’t get proof of postage.
I’ve tried to ask the local shops near the postbox if they have
cctv of me posting the letter, but it was too long ago.
The only kind of proof I have, is I sent a text to my partner on
the day I posted the letter which read…‘I'm going to send off
this letter today now and just admit this phone thing and just
accept it and move on.
No point trying to wriggle out of it, the sooner I accept the
better.’
Is this evidence good enough to prove to the magistrates that I
sent the letter in good faith?
Any thoughts regarding this and my next steps would be much
appreciated. Thanks.
#Post#: 119472--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: andy_foster
Date: May 22, 2026, 2:20 am
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--- Quote from: Natedog link ---
>
> Is this evidence good enough to prove to the magistrates that
I sent the letter in good faith?
>
--- End Quote ---
Only the magistrates can answer that. It depends on how credible
they find you as a witness - whether thry think it is more
likely than not that you are telling the truth.
#Post#: 119474--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: Natedog
Date: May 22, 2026, 2:47 am
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Ok, I understand.
But as I believe, the prosecution have to prove my guilt beyond
reasonable doubt? So in my mind, having this contemporaneous
text message, will make it very difficult for the prosecution to
prove I am not telling the truth.
This is not a mistake on my part, I am not claiming I sent it
late or forgot to send it etc. I genuinely sent the letter back
with the relevant details on it.
As I am not used to how these things work, I naively thought
that if they didn’t receive my reply by the 28 days given, they
would have notified me of not receiving a response. In that
case, I would have still had time to gather the cctv of me
posting the letter to prove my innocence.
#Post#: 119475--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: andy_foster
Date: May 22, 2026, 2:59 am
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S. 172 requires you to provide the information to the police.
Merely posting does not in and of itself satisfy the requirement
- it must be delivered.
The prosecution would need to prove beyond any reasonable doubt
that the information was not delivered. You would then seek to
rely on the defence that it was not reasonably practicable to
provide the information, as you had already sent it off in good
faith, and had no reason to believe that it had not been
delivered.
#Post#: 119477--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: Natedog
Date: May 22, 2026, 3:28 am
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Yes, that is how I see it also.
Do you have any other tips that I could use to help defend my
position please? I find it unfair that this has happened when I
have followed the steps correctly.
#Post#: 119508--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: ManxTom
Date: May 22, 2026, 7:44 am
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Did you at least keep a copy of your reply?
I know that on it's own it isn't conclusive proof that you sent
it back, but if it shows your signature and the date on it then
it's another piece of evidence tending to show that you sent the
form back in good faith.
Why complete and sign the form and take a copy of it if you
weren't sending it back?
(I know it could be argued that you took a copy and then binned
it and that you were taking the risk that the police would
somehow miss the failure to identify and wouldn't prosecute you,
but i think you'd have to be remarkably stupid and dishonest to
run that risk. Mind you there seem to be a lot of remarkably
stupid and dishonest people out there...)
#Post#: 119512--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: Natedog
Date: May 22, 2026, 8:43 am
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No I didn’t make a copy. I’m really kicking myself now to be
honest. I think I just rushed to get it posted back asap.
#Post#: 119547--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: Korting
Date: May 23, 2026, 3:15 am
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--- Quote from: andy_foster link ---
>
> S. 172 requires you to provide the information to the police.
Merely posting does not in and of itself satisfy the requirement
- it must be delivered.
>
>
>
--- End Quote ---
How can you do that unless you send it recorded delivery?
Surely if one gets a certificate of posting then as in the
Police sending out S172 requests, it would be deemed to have
been served unless the recipient can prove otherwise.
#Post#: 119548--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: Natedog
Date: May 23, 2026, 3:36 am
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After doing some digging, that is correct.
It falls under section 7 of the interpretation act 1978. It
states that where legislation authorizes or requires a document
to be served by post, the service is legally deemed to be
effective if the document is properly addressed, pre-paid, and
posted.
So I basically have to convince the court that I did actually
post the letter. As mentioned previously, I haven’t got any
proof of postage. But I have got a text message I sent to my
partner, on the day I posted the letter, telling her I was going
to post the letter and admit I was the driver.
This is called a contemporaneous text message. It’s the only
evidence I have, so I am hoping it will help me. I feel
incredibly stupid now that I didn’t get proof of postage. But I
obviously didn’t think this was going to happen.
#Post#: 119550--------------------------------------------------
Re: I’ve received a SJPN after I already sent off details.
DIR By: Southpaw82
Date: May 23, 2026, 3:44 am
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I’m pretty sure the prosecution are going to be able to prove it
never arrived.
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