DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 31274--------------------------------------------------
Re: Speeding, Failure to ID advice
DIR By: reeceg03
Date: July 26, 2024, 4:50 am
---------------------------------------------------------
--- Quote from: BertB link ---
>
> Just for clarity and to get round this use of 'we' for all
what has happened.
>
> The first NIP was issued in your dad's name and he responded
naming you as the driver?
> Did you receive your own form to complete?
>
> You cannot do the deal to accept the speeding charge. To do so
would on the surface look like an attempt to PCOJ. So as it
stands you could attempt to defend the FTF charge on the basis
of all due diligence exercised at the time failed to reveal the
driver. However eventually naming a driver 2 months later who
had previously named you doesn't look good.
>
--- End Quote ---
The car is registered in my name, i received the NIP.
Although all letters are sent from my Dad on my behalf, and i
myself never responded even though i am the registered keeper.
He was going back and forth with the police at the time. I
understand i should have replied and i left it to him which is
irresponsible but i thought he would handle it.
#Post#: 31275--------------------------------------------------
Re: Speeding, Failure to ID advice
DIR By: reeceg03
Date: July 26, 2024, 4:52 am
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> Proceedings have to be instigated within 6 months of the
commission of the offence. They are instigated when a Written
Charge and SJPN are issued.
>
> You initially claimed to have received the NIP on 26/11/2023.
Now that is the date of the speeding offence. The s. 172 offence
would have been committed 27 days after the date of service of
the NIP.
>
--- End Quote ---
But considering the offence was 26/11/2023, 28 days later would
still be in december. The SJPN issue date is 22/06/2024 which is
longer than 6 months, so surely based on that both charges have
timed out?
#Post#: 31278--------------------------------------------------
Re: Speeding, Failure to ID advice
DIR By: The Rookie
Date: July 26, 2024, 5:17 am
---------------------------------------------------------
--- Quote from: reeceg03 link ---
>
>
> But considering the offence was 26/11/2023, 28 days later
would still be in december. The SJPN issue date is 22/06/2024
which is longer than 6 months, so surely based on that both
charges have timed out?
>
--- End Quote ---
The S172 offence is committed after a driver is not named within
the 28 days of the service of the S172 request. The date of the
alleged speeding event is irrelevant.
So what is the date on the NIP served first on you? Noting that
for a hire/lease car that can easily be 6 weeks after the
alleged speeding event.
You now suggest a lot of backwards and forwards between your
father and the police which would suggest making any possible
perverting charge easier to succeed with, I really don't think
you want to rock the boat here.
#Post#: 31279--------------------------------------------------
Re: Speeding, Failure to ID advice
DIR By: NewJudge
Date: July 26, 2024, 5:21 am
---------------------------------------------------------
--- Quote ---
> But considering the offence was 26/11/2023, 28 days later
would still be in december. The SJPN issue date is 22/06/2024
which is longer than 6 months, so surely based on that both
charges have timed out?
--- End Quote ---
The Failure to Provide Driver's details offence occurred 27 days
after you received the request, so on 23rd December. So the
police had until 23rd June to bring proceedings which they
managed to do.
The speeding charge is raised against you, not your father. You
could argue that it was raised out of time but since you were
not driving that offence is of no concern to you. There is no
possibility that the police will raise a speeding charge against
your father now. It is well out of time and they still have no
evidence he was driving anyway.
#Post#: 31280--------------------------------------------------
Re: Speeding, Failure to ID advice
DIR By: andy_foster
Date: July 26, 2024, 5:24 am
---------------------------------------------------------
--- Quote from: reeceg03 link ---
>
> 21/06/2024, i have now got another letter - single justice
procedure asking to plead guilty or not guilty to both charges,
which i plead not guilty to, seems like they didn’t receive my
letter of admitting it was my dad, but i had heard nothing for
months so assumed it was dealt with.
>
--- End Quote ---
--- Quote ---
>
> The SJPN issue date is 22/06/2024 which is longer than 6
months, so surely based on that both charges have timed out?
>
--- End Quote ---
So, you received the SJPN the day before it was issued? And
22/06/2024 is more than 6 months after 24/12/2023 (not that 28
days after 26/11/2023 is relevant to anything)?
We are not qualified to give you the help you need.
*****************************************************
Page 3 of 3
DIR Previous Page