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DIR Return to: Speeding and other criminal offences
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#Post#: 10882--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: guest46
Date: November 22, 2023, 1:27 am
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You still haven't said WHY the notice wasn't received by you?
Presumably you used that address? Your Mum would pass it and
other correespondence to you?
#Post#: 10889--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: NewJudge
Date: November 22, 2023, 3:14 am
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You don't have much scope unless you intend to defend the "Fail
to Provide Driver's Details" (FtP) charge. As above, it is hard
to see that you have a defence to that, especially when you
haven't told us why the DVLA has an address where you do not
live and why, with that in mind, you did not receive the notice,
but you did receive the SJPN.
You can offer to plead guilty to speeding (provided you are sure
you were driving) on the condition that the FtP charge is
dropped (as explained earlier). You can make this offer when
returning your SJPN. Plead not guilty to both charges and make
your offer in the "reasons for pleading not guilty" section.
Your case will almost certainly not be handled under the SJ
procedure but instead will be transferred to the normal
Magistrates Court and listed for a hearing which you will have
to attend.
#Post#: 10893--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: slapdash
Date: November 22, 2023, 4:43 am
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You left your name and adress in which you may want to remove.
#Post#: 11121--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: jeezy
Date: November 24, 2023, 2:49 pm
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--- Quote from: NewJudge link ---
>
> You don't have much scope unless you intend to defend the
"Fail to Provide Driver's Details" (FtP) charge. As above, it is
hard to see that you have a defence to that, especially when you
haven't told us why the DVLA has an address where you do not
live and why, with that in mind, you did not receive the notice,
but you did receive the SJPN.
>
> You can offer to plead guilty to speeding (provided you are
sure you were driving) on the condition that the FtP charge is
dropped (as explained earlier). You can make this offer when
returning your SJPN. Plead not guilty to both charges and make
your offer in the "reasons for pleading not guilty" section.
Your case will almost certainly not be handled under the SJ
procedure but instead will be transferred to the normal
Magistrates Court and listed for a hearing which you will have
to attend.
>
--- End Quote ---
Apologies for not making it clear, a combination of not visiting
that address and thus receiving the initial notice is why i have
not received it prior to the SJP.
When you state to plead not guilty for both charges what would I
then put for the reasons IF i want to put myself down as the
said driver when the offence was noted?
#Post#: 11122--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: Southpaw82
Date: November 24, 2023, 3:00 pm
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You don’t have to put anything in the reasons.
#Post#: 11183--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: NewJudge
Date: November 25, 2023, 8:46 am
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--- Quote ---
> Apologies for not making it clear, a combination of not
visiting that address and thus receiving the initial notice is
why i have not received it prior to the SJP.
>
--- End Quote ---
Then a defence against the FtP charge will not succeed on that
basis.
--- Quote ---
> When you state to plead not guilty for both charges what would
I then put for the reasons IF i want to put myself down as the
said driver when the offence was noted?
--- End Quote ---
You don't "put yourself down" as the driver. As it stands the
police cannot successfully prosecute you for speeding as they
have no evidence that you were driving. If you offer to plead
guilty to speeding they don't need any evidence as you accept
your guilt.
#Post#: 11423--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: jeezy
Date: November 27, 2023, 4:20 pm
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Thank you both for your comments.
So if I were to put nothing down and plead not guilty to both I
am assuming this will be acted upon in court where the police
will put forward their evidence (speed + photographic evidence).
How would a plea work if I were to accept guilty plea for the
offence but not the FTP? Is it favourable to put this forward
now vs waiting until court hearing?
I hope that makes sense
#Post#: 11439--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: The Rookie
Date: November 28, 2023, 3:11 am
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--- Quote from: jeezy link ---
>
> So if I were to put nothing down and plead not guilty to both
I am assuming this will be acted upon in court where the police
will put forward their evidence (speed + photographic evidence).
>
--- End Quote ---
No, they won't bother with any of that as they know they have no
evidence as to who was driving, proving the car is speeding
would then be a total waste of their time, so they won't. This
was already pointed out by me.
--- Quote from: jeezy link ---
>
> How would a plea work if I were to accept guilty plea for the
offence but not the FTP? Is it favourable to put this forward
now vs waiting until court hearing?
>
--- End Quote ---
You make it clear that the plea is conditional on them dropping
the FtF, you can do this in writing by pleading not guilty to
both and writing in the 'reasons' box for speeding that you will
plead guilty if the FtF charge is discontinued. This was also
laid out by New Judge above.
#Post#: 11480--------------------------------------------------
Re: SJP Notice For Speeding and Failure To Give Information
DIR By: jeezy
Date: November 28, 2023, 4:36 pm
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I have now made my submission pleading not guilty.
I have received confirmation of the submission with a date to
amend anything up until 05-12
Thank you for everyone who has assisted with this
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