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#Post#: 28818--------------------------------------------------
Re: Advice on SJP relating to pelican area
DIR By: Dconnerie
Date: July 6, 2024, 7:25 am
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--- Quote from: andy_foster link ---
>
> Presumably there is a witness statement from the CTO
concerning the service of notices. What exactly does it say
regarding the s. 172 response?
>
--- End Quote ---
It says “reminder letters are no longer being sent out. To date
no response has been received in the West Midlands police
central ticket office”.
Is the fact that the date of the alleged 2nd offence is a year
out an issue here? (It says 2023 instead of 2024)
#Post#: 28834--------------------------------------------------
Re: Advice on SJP relating to pelican area
DIR By: NewJudge
Date: July 6, 2024, 11:02 am
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I might have misunderstood but someone above said to plead not
guilty to both?
Yes, you plead Not Guilty to both and then you offer to plead
guilty to the pelican offence on the understanding that the Fail
to Provide Driver's Details charge is dropped.
Without your guilty plea they cannot succeed with the pelican
offence because they have no evidence that you were the driver.
That would come from your response which did not arrive.
As an aside, in some respects I believe it is to your advantage
that it did not arrive because it did not provide the driver's
details. They may have given you the chance to reconsider when
you explained that you were not actually driving but were
responsible for leaving the vehicle where it was. But that is an
aside that you need not worry about.
#Post#: 29047--------------------------------------------------
Re: Advice on SJP relating to pelican area
DIR By: The Rookie
Date: July 8, 2024, 3:52 am
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--- Quote from: Dconnerie link ---
>
> I did reply to the NIP saying I owned the car but wasn’t in it
(it was parked) but they say they didn’t receive that
>
--- End Quote ---
But did it say you were the driver at the relevant time (when
the car was parked). If it didn't the Police will say that no
acceptable response was received, as it wasn't!
#Post#: 29233--------------------------------------------------
Re: Advice on SJP relating to pelican area
DIR By: Dconnerie
Date: July 9, 2024, 7:16 am
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--- Quote from: NewJudge link ---
>
> I might have misunderstood but someone above said to plead not
guilty to both?
>
> Yes, you plead Not Guilty to both and then you offer to plead
guilty to the pelican offence on the understanding that the Fail
to Provide Driver's Details charge is dropped.
>
> Without your guilty plea they cannot succeed with the pelican
offence because they have no evidence that you were the driver.
That would come from your response which did not arrive.
>
> As an aside, in some respects I believe it is to your
advantage that it did not arrive because it did not provide the
driver's details. They may have given you the chance to
reconsider when you explained that you were not actually driving
but were responsible for leaving the vehicle where it was. But
that is an aside that you need not worry about.
>
--- End Quote ---
Thanks to everyone for your advice so far. Honestly, it's
helped to calm me down at least. So just before I go online to
enter my plea, I wanted to run past what I was going to do /
say, hopefully having understood what you've all said. Please
do let me know if any of this is the wrong approach, or
inappropriate.
So firstly, I'm going to plead not guilty to both charges.
In the mitigation section I was going to write "I would be
willing to plead guilty to the Pelican charge if the failure to
ID charge is dropped. This would be on account of the fact that
I did return the information requested of me in advance of the
30-day deadline, but it seems as though this was lost in the
mail. Because of this, I would also politely and respectfully
request to be sentenced at the fixed penalty level."
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