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DIR Return to: Speeding and other criminal offences
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#Post#: 41479--------------------------------------------------
Received a Single Justice Procedure
DIR By: Whattoplead
Date: October 19, 2024, 8:20 am
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Hello,
Apologies if I make any post errors, this is my first time using
this forum. I received a single justice procedure on the 10th of
October. I have been unsure on how to respond. I am being
accused of speeding in a city that I do not live in. I was there
and I was the driver but I can't recall the incident (I was
apparently doing 57 on the motorway where the limit had been
changed to 50)
I received no notifications or letters prior to this one. I'm
being charged with two criminal offences, the first one is
failing to provide information relating to the identification of
the driver (as I said, I received no letters prior to this one
so I had no idea this was coming) And the second offence is the
speeding which is dated as the 14/04/2024. This letter is dated
as the 10/10, isn't that too late?
There are no pictures, I'm not sure whether they have more
evidence. I am being asked to fill in a form where I select
either guilty or not guilty to both offences.
I really don't know how I'm meant to fill it in. I don't see how
I can be guilty of the first offence when I had no previous
letters and of the second one, although I was there at the time
I really have no recollection of speeding, especially with being
on a motorway, I can't remember where exactly it was and what
the limit or signage was there at the time.
Any help would be really apprecaited.
Thanks
#Post#: 41484--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: 666
Date: October 19, 2024, 8:29 am
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OP, are you the Registered Keeper?
If so, are the name and address details on the V5C (logbook)
correct?
#Post#: 41485--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: Whattoplead
Date: October 19, 2024, 8:30 am
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Hello, yes to both, I moved in January and just updated my v5 at
the beginning of the week (receiving the SJP triggered me to do
this). I have received my new V5 and driving licence with the
updated address too.
The SJP was sent to my new address and old address (my ex lives
there and dropped off the letter to me). Both letters have the
same date.
#Post#: 41486--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: Southpaw82
Date: October 19, 2024, 8:50 am
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--- Quote from: Whattoplead link ---
>
> and just updated my v5 at the beginning of the week (receiving
the SJP triggered me to do this). I have received my new V5 and
driving licence with the updated address too.
>
--- End Quote ---
So, at the time of the offence, your car was registered to your
old address?
#Post#: 41487--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: Whattoplead
Date: October 19, 2024, 8:52 am
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Yes it was
#Post#: 41489--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: ManxTom
Date: October 19, 2024, 8:59 am
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--- Quote from: Whattoplead link ---
>
> Yes it was
>
--- End Quote ---
So that's why you didn't receive any previous notifications -
you hadn't updated your address in January when you should have
done...
#Post#: 41491--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: Whattoplead
Date: October 19, 2024, 9:01 am
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But wouldn't they have gone to my old address? I still get my
mail from there because my ex husband lives there and my
children visit 2-3 times a week. They always bring any mail I
have home.
#Post#: 41493--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: NewJudge
Date: October 19, 2024, 9:35 am
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--- Quote ---
> But wouldn't they have gone to my old address? I still get my
mail from there because my ex husband lives there and my
children visit 2-3 times a week. They always bring any mail I
have home.
>
--- End Quote ---
The police have fulfilled their obligation by posting them to
your last known address. That’s all they have to prove. They
cannot be expected to rely on your mail being passed on. If you
went to trial on that basis you would almost certainly be
convicted of "Failing to Provide Driver's Details".
It is a particularly nasty conviction carrying a hefty fine and
surcharge. If you are found guilty following a trial you will be
ordered to pay prosecution costs of around £650. As well as that
you will receive six penalty points and an endorsement code
(MS90) which will see you insurance premiums rocket. It is to be
avoided at all costs.
--- Quote ---
> …and of the second one, although I was there at the time I
really have no recollection of speeding,
--- End Quote ---
Because you don’t recall it does not mean it didn’t happen. Your
speed would have been captured by an approved device and the
police would be able to produce evidence of that (in fact, you
should already have been served with it, along with the SJPN).
Providing you were the driver at the time, the way to deal with
this with minimum damage is to respond to the SJPN by pleading
not guilty to both charges. In the “mitigating circumstances”
section, state that you are willing to plead guilty to the
speeding offence on the condition that the “Failure to identify
the driver” charge is dropped. This is a common procedure well
known to all court users and is almost always successful.
Before the pandemic it was necessary to attend court to do this
“deal”. However, during the pandemic courts were keen to
restrict the numbers attending court in person to as few as
possible and arrangements were made for the deal to be accepted
without a personal attendance. Many courts have continued with
that arrangement.
#Post#: 41494--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: mickR
Date: October 19, 2024, 9:50 am
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--- Quote from: ManxTom link ---
>
> [quote author=Whattoplead link=topic=3520.msg41487#msg41487
date=1729345925]
> Yes it was
>
--- End Quote ---
So that's why you didn't receive any previous notifications -
you hadn't updated your address in January when you should have
done...
[/quote]
I think what the OP is saying, despite receiving all mail from
their previous address (where the V5 was originally registered)
she did not receive anything prior to the SJPN
#Post#: 41497--------------------------------------------------
Re: Received a Single Justice Procedure
DIR By: andy_foster
Date: October 19, 2024, 10:14 am
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If the OP's ex, the OP's children and the OP all give credible
evidence to the effect that *all* post addressed to the OP was
handed to her, and that there was no NIP or reminder received,
then she will be able to rebut the presumption of service.
The speeding charge is of no relevance unless she opts to do a
deal. Similarly the evidence or lack thereof is irrelevant
either way. Either the OP does the deal, in which case no
evidence is needed of the speeding offence, or she defends the
s. 172, in which case the speeding charge will go nowhere
because they have no evidence that she was the driver.
Meanwhile, back in the real world, the OP moved house without
updating the address on the V5C, and [claims that she] didn't
receive the NIP. The court are somewhat unlikely to accept that
it must have been lost in the post en-route to the previous
address, rather than either lost after being served (delivered
to the last known address), or not lost at all.
The choice is either to defend the s. 172 charge, or do the deal
and take the hit for the speeding.
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