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#Post#: 45304--------------------------------------------------
Speeding and a Summons for Equivocal plea
DIR By: marcus@ehdpartners.com
Date: November 12, 2024, 3:40 pm
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I received an NIP for 38 in a 30 when travelling back to London
from a holiday in Devon on Easter bank holiday. Lord knows how I
was flashed as it was nose to tail traffic the whole way, but
there we go.
I am the registered keeper of my car and have the V5 document in
my name, issued a year before the alleged offence. NIP was
received well after 14 days so I wrote back saying I am the
driver, however I reject the fixed penalty since it's time
expired. The next letter I receive is a Single Justice
Procedure, to which I plead (online) Not Guilty and write an
explanation about why (14 day time expired, I am registered
keeper etc.)
The next letter I receive is from the police stating that they
sent the original NIP to BMW within the 14 days and therefore
did I want to reconsider. I did some research which suggested to
me that the DVLA having the wrong address on file is not a
defence. As such I changed my online plea to Guilty.
The next letter is receive is a court summons asking me to
attend court in bloomin' Bodmin of all places as it's an
Equivocal plea. I presume the online pleading system did not
erase my not guilty defence when I changed the plea to guilty.
Now do I really have to drive 5 hours to Bodmin to get told I
have 3 points and a £400 fine? It's very inconvenient and my
wife will be 37 weeks pregnant. I will go if there's a chance I
might not receive the points? But it really does seem like a
monumental waste of time. Can I just write to them and tell them
really I just want to plead guilty and takes the points and
fine? Or is it too far gone now?
Any advice appreciated.
NB. I currently have 3 points so no risk of a ban.
#Post#: 45317--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: andy_foster
Date: November 12, 2024, 4:17 pm
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The name on the V5C is all but irrelevant.
What is the address on the V5C?
Did the DVLA have a different address on file?
#Post#: 45318--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: marcus@ehdpartners.com
Date: November 12, 2024, 4:20 pm
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The V5 has got my address on it. No idea why the DVLA’s database
is wrong but they have the address of BMW
#Post#: 45321--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: RichardW
Date: November 12, 2024, 4:22 pm
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Is it a Motability car?
#Post#: 45324--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: marcus@ehdpartners.com
Date: November 12, 2024, 4:25 pm
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It is not a motability car
#Post#: 45360--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: Logician
Date: November 12, 2024, 6:36 pm
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An equivocal plea means that the court is left in some doubt
about whether you are really pleading guilty or are saying that
you do not really think you are guilty. Did you simply plead
guilty or did you say something about the DVLA having the wrong
address recorded, but that might not be a defence, so you were
pleading guilty?
You might try writing to the court, apologising for any
confusion, and stating you you wish to make it clear that you
are pleading guilty with no reservations.
#Post#: 45387--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: marcus@ehdpartners.com
Date: November 13, 2024, 3:55 am
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When I received the SJP I originally pleaded Not Guilty online
since I still understood the NIP to be time expired as I have a
V5C with my name and address on it. It was after I pleaded Not
Guilty that I received a separate letter from the police
advising me that they had sent the NIP within 14 days to BMW. I
then read online that DVLA having incorrect address is not a
defense. So I changed my online plea to Guilty.
It was then I received a summons for Equivocal plea.
#Post#: 45388--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: NewJudge
Date: November 13, 2024, 4:04 am
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Have you tried contacting the court to explain this to them?
#Post#: 45389--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: BertB
Date: November 13, 2024, 4:07 am
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Yes but supplying details of the wrong keeper is not the same as
supplying an address because you haven't notified them of a
change.
I think you need to get to the bottom of why the DVLA have the
RK down as BMW but your details on the V5C as a matter of
course. If for no other reason than because this will continue
to bite you in the arse. Do you receive notifications for road
tax?
If you are going to plead guilty, request that you be fined at
the fixed penalty rate. However I would inform them of the
general ****-up involved in this, with your V5C correct and
dated a year before the offence and the Police reply saying they
sent the first NIP to BMW.
Did you get to the bottom of how they found your address?
Re-applied to DVLA? Insurance records? Was this bought new from
BMW? Or ex-lease/finance vehicle, i.e. they were the previous
owner to you.
#Post#: 45495--------------------------------------------------
Re: Speeding and a Summons for Equivocal plea
DIR By: andy_foster
Date: November 13, 2024, 1:22 pm
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--- Quote from: marcus@ehdpartners.com link ---
>
> No idea why the DVLA’s database is wrong but they have the
address of BMW
>
--- End Quote ---
How do you know this?
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