Hi there, I received a Notice of Intended Prosecution for speeding and posted the response to the police naming the driver 6 months ago. But they have court papers for failing to disclose. I do not have any proof or copy of the response I posted. Does them not receiving it mean I am guilty?
Province/Country relating to question : UK
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.If you really did send the papers back then you do have a defence. However, you must proceed with care.If you got the NIP and you responded unequivocally naming the driver then you complied with your S172 responsibilities. They are probably either saying that they didn't receive them or that they did but the nomination was equivocal. If its the former then you might well win that at court. You will obviously have to be reasonably credible to be believed but all the Crown can say is that they didn't get them. They cannot say that they weren't sent. They do usually send out reminders though so you may have to explain why several went astray.If its the latter though then thats different and you would not have a defence.However, you can obviously only defend this if you really did send the papers back. If you did not then you cannot go to court and lie. Doing so is perjury and people regularly do go to prison for that.Hope this helps. I will be happy to discuss this further but please rate my answer OK SERVICE or above.
Bar Exams, over 5 years in practice
Thanks for your feedback.
I do not have proof that I have posted the form and they are clearly saying they have not received the form.
The charge states: RT 88226 - Failing to give information relating to the identification of the driver of a motor vehicle.
Given I have no proof of posting and want to bring this to and end quickly - Am I allowed to plead guilty knowing I did post the form?
What is fine ro punishment for this charge - if I plead guilty?
You can plead guilty for any reason you like. What you cannot do though is say anything untrue in mitigation or mitigate on the basis that you are innocent. If you enter a guilty plea and say in mitigation that you did send the forms they will vacate the guilty plea and set it down for trial.You can plead guilty and say no more than how sorry you are.If you do plead guilty though you would get 6 points and a fine in the low to middle hundreds.Its not a good idea though. You would probably win at trial. Obviously you can only do this if its true but they cannot prove that you didn't post this.
Thank you for your assistance.
Though not explicitly worded in the charge, it is possible that while I did post the form to them - that I may have done it after the "28 days".
Why is the 28 days not mentioned in the charge?
Is it possible to plead guilty specifically to not replying within 28 days?
You can plead on a basis although obviously you have to be sure its true.
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