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DIR Return to: Speeding and other criminal offences
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#Post#: 60933--------------------------------------------------
Re: Declared driver
DIR By: ManxTom
Date: March 6, 2025, 7:40 am
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Before you were charged didn't the police come back to you to
inform you that they could not contact your nominated driver at
the address you gave, and didn't they give you a second chance
either to confirm or to reconsider your nomination? And if they
did do so, what did you do?
I'm certain there was a thread quite recently about somebody who
had been duped into giving a false name and address for a "NIP
farm", but I thought the police in that case had gone back to
them and given them the opportunity to "correct" their false
nomination.
I would have thought it was quite common for a RK to correctly
nominate as driver someone who subsequently returned all mail as
"Not known at this address". Assuming the OP is correct here
and that the person he nominated really exists and lives at the
address given, don't the police investigate suspicious "Not
known at this address" replies?
#Post#: 60943--------------------------------------------------
Re: Declared driver
DIR By: Anon
Date: March 6, 2025, 8:05 am
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I never received that letter for another opportunity to give
driver details. Just court order. Could I ask if what is the
evedence of the enquiries done by police . Did they visit the
address.
#Post#: 60946--------------------------------------------------
Re: Declared driver
DIR By: ManxTom
Date: March 6, 2025, 8:23 am
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I don't believe the police are obliged to give you a second
chance, but it would appear that some forces sometimes do.
(Having re-read the recent thread I referred to I see that after
failing to trace the nominated driver the police in that case
went back to the RK of the vehicle in question and asked him to
supply further evidence confirming his original nomination.
They didn't ask him if he wanted to change his nomination, they
asked him to confirm it).
It just seems a bit strange to me that the police would simply
accept a "Not known at this address" at face value and wouldn't
investigate it further or ask you for confirmation before going
on to prosecute you. But what do I know...
Forgive me for asking but i assume that English is not your
first language and that you and your friend are foreign
nationals. Are you 100% certain of your friend's identity and
are you 100% certain of his address? I used to carry out
employment checks and never ceased to be amazed by what turned
up regarding names and addresses...
#Post#: 61435--------------------------------------------------
Re: Declared driver
DIR By: Anon
Date: March 9, 2025, 7:27 am
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Well here is the latest on this case. I received the court
letters and the police witness statements. In it they confirm
that a response was received by me to the deatails of the driver
concerned and also the police have confirmed the reply from the
driver that he was driving. So I don’t know why they taking me
to court for speeding and section 172 for failure to provide
driver information. They also saying that because the said
driver did not respond to second letter from them and it was
returned not delivered.
#Post#: 61442--------------------------------------------------
Re: Declared driver
DIR By: andy_foster
Date: March 9, 2025, 7:50 am
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Unless they somehow have evidence that the named driver, who
confirmed that he was driving, was not the driver, they have no
case.
Please confirm or correct the apparent series of events below.
1. You received a NIP/s. 172 addressed to you (the RK).
2. You responded naming the driver, at the driver's address.
3. The driver received his own NIP/s. 172 addressed to him at
the address your provided on your s. 172 response.
4. The driver responded admitting to being the driver, without
changing the details (e.g. address)
5. A subsequent notice (presumably a COFP) was sent to the
driver at that address and returned NKATA.
6. The police are now saying that you failed to name the driver.
#Post#: 61449--------------------------------------------------
Re: Declared driver
DIR By: Anon
Date: March 9, 2025, 8:57 am
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Yes to all questions asked. That’s why I am confused as to why
they are perusing me and are prosecuting me.and if they got some
eveidence should it not be in their proof that they sent me.
should i reply with why they are waisting my time and the long
journey i have to make for court appearance and maggistrates
time.
#Post#: 61656--------------------------------------------------
Re: Declared driver
DIR By: BertB
Date: March 10, 2025, 9:56 am
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Can you post redacted images of the charge sheet and this
evidence that the police received replies from both you and the
declared driver but that they did not respond to 'a second
letter'. It would be good to know what they are actually titling
this 'second letter' as.
Any further correspondence sent after nominations are accepted
is usually in the form of an offer of a safety course and/or
COFP. If this was sent, it would suggest the Police accepted the
nomination. Failure to respond to this would see your friend
prosecuted for the speeding offence via a SJPN. No other logical
scenario plays out any different. So there is something you are
not sharing with us which may be relevant to understanding this.
On the face of it, I do not see what the Police can prosecute
you with that would be successful. Unless your friend doesn't
exist and you are seeing if the story of this refusing to attend
as a witness friend sounds plausible to us? The police know this
and that is why they have circled back to you with a FTF charge.
If that is the case, I wouldn't be wanting to test a NG plea.
#Post#: 61676--------------------------------------------------
Re: Declared driver
DIR By: Anon
Date: March 10, 2025, 11:28 am
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As I have said before I am also very confused as to why they are
taking me to court. I have confirmation from police own
statements showing my reply to giving the driver details and
also police response to the named driver also replying to
admiting guilt. The named driver then did not respond to the
following request of an offer of points or driving course. These
were returned “addressee gone away”. I also did a sar request
for photographic evidence via the email and a respond was given
via my email that it was denied because it was a court matter
now and they could not provide this information.
#Post#: 61689--------------------------------------------------
Re: Declared driver
DIR By: NewJudge
Date: March 10, 2025, 11:53 am
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--- Quote ---
> I also did a sar request for photographic evidence...
--- End Quote ---
Why would you be interested in evidence to support the speeding
offence when you were not driving?
From what you say, you simply need to plead not guilty. The
evidence that the police have provided seems to prove that you
responded and that the person you named responded to their own
NIP/request for driver's details:
--- Quote ---
> ...and also the police have confirmed the reply from the
driver that he was driving.
--- End Quote ---
If that is correct then you are out of the frame and I cannot
imagine why the police are prosecuting you..
#Post#: 61695--------------------------------------------------
Re: Declared driver
DIR By: BertB
Date: March 10, 2025, 11:59 am
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Yes, but are you confused as to why the police haven't accepted
your story, or because everything you have told us is bang on
the money and the Police has decided to attempt what appears on
the surface, a prosecution that seems to be too short of
evidence to succeed?
You say the offer of a course was replied to as 'recipient gone
away' as opposed to earlier when you said it was 'not known at
this address'.
Is the 'driver has gone back to their home country card' being
attempted here? Presumably you are in contact with your friend
still as you had an argument about you receiving a SJPN. Are
they still at the address they gave on their nomination?
I would plead not guilty. It sounds as though there is very
little evidence to support a failure to furnish charge on you,
plus you weren't the one speeding.
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