DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Speeding and other criminal offences
*****************************************************
#Post#: 74473--------------------------------------------------
Charged for another drivers offence
DIR By: Johnathorn
Date: June 3, 2025, 3:41 am
---------------------------------------------------------
Hey,
I have a vehicle registered to my name which is driven by a
hirer. Yesterday I received a Single Justice Procedure notice
for an offence (speeding 58mph in 50mph zone) and then also not
passing details of the driver. I have had family issues and not
been staying at my home address but been living at my partners
for the past 6-8 months. During this time I had no idea that I
had received the NIPs during the post as when I went home to
collect post once or twice a month, I never saw these letters (I
had other letters that had been going missing too).
Anyway what do I do? Can I please get some pro-bono advice on
how to proceed? I assume I plead not guilty, however how do I
argue my side? What has been others experience with similar
situations.
Also - my hirer who was the driver at the time of the initial
speeding offence has already admitted it was him and is ready
for me to pass his details however it seems now the police
aren't interested in delivering justice to the actual criminal
but trying to criminalise me for his crime and because I never
replied to a letter.
Thank you in advance.
#Post#: 74519--------------------------------------------------
Re: Charged for another drivers offence
DIR By: NewJudge
Date: June 3, 2025, 5:46 am
---------------------------------------------------------
The police will not be interested in “delivering justice to the
actual criminal” for the simple reason that they don’t know who
it is. It was your duty to tell them.
--- Quote ---
> “… but trying to criminalise me for his crime and because I
never replied to a letter.
--- End Quote ---
They are not criminalising you for his crime. They are charging
you with the one you committed - specifically “failing to
provide driver’s details.” This is an offence under Section 172
of the Road Traffic Act. On conviction, it carries a hefty fine,
six points and an insurance-crippling endorsement code which
will see your premiums increased considerably for up to five
years.
Unfortunately your only option, apart from pleading guilty, is
to defend the charge on the basis that it was not reasonably
possible for you to reply because you did not receive the
request.
Your explanation for that does not sound too convincing. You may
not have seen the request, but it was deemed “served” on you two
days after posting. The police will undoubtedly be able to prove
when they posted it, leaving you to prove to the court’s
satisfaction that it did not arrive.
From the brief explanation you have given here, I don't rate
your chances of success too highly. Do you have any evidence of
a general problem with the post at your home address which might
support your claim that the request was not received?
#Post#: 74567--------------------------------------------------
Re: Charged for another drivers offence
DIR By: Freecall
Date: June 3, 2025, 10:55 am
---------------------------------------------------------
As NewJudge says, you really aren't being criminalised for his
offence.
From what you say, he did commit the speeding offence but that
is history now.
Your legal obligation was to answer the police and let them know
that he was driving - but you didn't.
Failing to provide that information is a significantly bigger
offence than the one the hirer committed. Again, from what you
say, this second offence you did commit.
The fact that you have not been staying at the address where you
registered the vehicle and made inadequate arrangements for
notifications to reach you is not the fault of the 'hirer' or
the police.
It is hard to see a valid defence here. The blame-the-post
argument is incredibly weak under the circumstances.
*****************************************************
Page 1 of 1