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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice.
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I have received a postal requisition 11 months

Customer Question

Hi I have received a postal requisition for speeding 11 months ago. I did not receive the Notice of intended prosecution as I moved house not long after the alleged offence
Submitted: 1 year ago.
Category: UK Traffic Law
Customer: replied 1 year ago.
There is no photographic evidence sent with the requisition and as it was so long ago I cannot be 100% sure if it was myself or my brother driving at the time.
Customer: replied 1 year ago.
I live local to the area the alleged offence took place and I know there is no fixed speed camera in place, as I travel that road everyday to my daughters school. However there is details of the camera used LTI20-20 Ultralyte1000 but no details or statement off the operator, just a general statement from a member of the camera enforcement unit.
Expert:  Jo C. replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will try to help with this.
What is your question about this please?
Customer: replied 1 year ago.
What do advise I should respond? Can I claim not guilty on the charge of not responding to identify the driver as I didnt receive the notification of prosecution? Also I feel there is a lack of detail regarding the evidence, as it was over 11 months ago, no statement from the unit handler at the time and no photographs sent so can it still proceed?
Expert:  Jo C. replied 1 year ago.
Were you speeding?
Customer: replied 1 year ago.
As mentioned I don't even recall the journey as it was nearly a year ago on a route I do almost daily, I was hoping for more details from the evidence. It states my car was doing 37 in a 30 zone and the correct reg of the car, so on that strength yes, however I think it was on a Saturday so it could have been my brother driving but wanted to know more before I ask him. Am I able to request further details?
Expert:  Jo C. replied 1 year ago.
Did you tell the DVLA you were moving immediately?
Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year ago.
Are you charged with failing to identify or speeding? Or both?
Customer: replied 1 year ago.
Both
Expert:  Jo C. replied 1 year ago.
Thank you.
I wouldn't worry about the speeding offence. They have no evidence that was you and it will just fall away as you are charged in the alternative with speeding.
The issue is the failing to identify. It is a defence to failing to identify to say that you did not receive the section 172 request. However, the reason you didn't receive it here is that you moved and didn't tell the DVLA your new address and there is a specific offence in giving that. There is a case law covering that specific situation. There is case law that says that a person who is abroad should keep tabs on his post in the UK so that tends to be persuasive for courts.
That said, there is a defence in saying that you didn't receive the nip. The burden of proof does pass to you and the fact that you didn't update the DVLA is damaging but it is not fatal.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Apologies for the delay, so what is your advice on proceeding? To plead guilty to the NIP and not guilty to the actual speeding offence?
Expert:  Jo C. replied 1 year ago.
It depends how much risk you want to take.
If you are prepared to take this to trial on the basis that you didn't get the NIP then plead not guilty to both and seek a trial.
If not then you will have no option but to plead to something and it cannot be speeding because you dispute that it was you.
Customer: replied 1 year ago.
I think that the house move isn't a strong enough case, as you quite rightly pointed out that if I'd have informed the DVLA it would have been re-issued anyway. And would I be right in saying, you sound fairly confident that the speeding offence won't be followed up? I'm pretty sure it wasn't me anyway now I've looked back through my old diary. Finally in your experience, what's the likely punishment for a guilty plea on the nip?
Expert:  Jo C. replied 1 year ago.
No, you will be charged with speeding in the alternative.
They may have accepted a plea to speeding alone in exchange for dropping the failing to identify but you cannot do that because you are unsure that you were the driver.
Failing to identify carries 6 points and a fine plus court costs.
Customer: replied 1 year ago.
So what would your advice be in terms of how I should plea? If I say it was me driving would I receive a lesser penalty
Expert:  Jo C. replied 1 year ago.
But surely it wasn't you?
I'm happy to continue with this but please rate my answer.
Customer: replied 1 year ago.
Sorry what was your answer?
Expert:  Jo C. replied 1 year ago.
Thanks.
I am really sorry but I'm afraid that your original question was answered several days ago and this is no longer economical for me as you haven't rated so I will opt out.
Customer: replied 1 year ago.
There is not an answer to my question of advice on how to proceed. if I did I would have been more than happy to rate the answer