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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70182
Experience:  Over 5 years in practice.
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I have been issued with a single procedure notice with two

Customer Question

Good morning, I have been issued with a single procedure notice with two charges one speeding 57 in a 50 and the other of failing to provide driver details. The speeding offence, 20/5/16, I have no problem with as only myself and my father drive my car and I was returning from visiting him in hospital that's why I was on that road that day. The charge details that they sent me a speeding NIP on 24/5/16. Since my divorce I have been living back at parents home but I work 400 miles from my home normally week on off. Hower the week of the speeding offence I was on a week holiday due to my father's operation. Consequently I remained home until 30/5/16 returned to work and then home a week later. As of 14/6 when I returned to work I had not received any correspondence regarding any speeding offence. I was then away to work and remained away from home, due to working some overtime until I returned home on night of 13/7 to attend my uncle's funeral on 14/7, driving back up to Aberdeen straight after funeral to work early on 15/7. I then returned home again on 23/7. There was a pile of mail for me to go through and then came across the NIP reminder dated 22/6. I completed the form but I could see was past the ten day reply window. Then next mail I received the single justice procedural notice. I have no problem pleading guilty to the speeding offence, and have not knowing witheld driver details. Should I plead not guilty to the charge of failing to produce details and go to court or plead guilty and provide my mitigating circumstances? I drive about 30000 miles a year to and from work to see my daughters so I don't want to rack up too many points on my licence.
Submitted: 11 months ago.
Category: UK Law
Expert:  Jo C. replied 11 months ago.

Did you provide the details of the driver within 28 days?

Customer: replied 11 months ago.
No as I did not receive any initial NIP. I was home for nearly 3 weeks after date of speeding offence without any correspondence about the speeding offence. Then I was away in Aberdeen with work for nearly 5 weeks. When I returned home I saw the reminder and next day received the SJPN.
Expert:  Jo C. replied 11 months ago.

No, but the reminder was certainly received?

Customer: replied 11 months ago.
I received the reminder, dated 22/6 , when I returned after working in Aberdeen for 5 weeks on 23/7.
Customer: replied 11 months ago.
This is why I was considering a guilty plea with my mitigating circumstances
Expert:  Jo C. replied 11 months ago.

In that case, you don't have a positive defence I'm afraid.

Come what may, the reminder at least was received at your address and you didn't respond. There is case law that says that a person away from home should keep tabs on their post and so the fact that you were away does not assist.

You could always ask the prosecution though to accept a plea to speeding alone. Quite often they will do that. It is rare that they pursue failing to identify if a plea to speeding is being offered.

Obviously you can only do that if you can identify the driver truthfully though.

Can I clarify anything for you?


Customer: replied 11 months ago.
Thanks. I was definitely the driver 100%, I was returning from visiting my father in hospital with my mother. If there had been some sort of reference to Cheshire constabulary or even a statement of urgent response required on the reminder envelope then my parents would have contacted me and I would have instructed them to open it. How would I go about asking them to pursue speeding only? By my mitigation or by attending court?
Expert:  Jo C. replied 11 months ago.

Attending court and make that offer to the prosecutor in person.

Usually they will accept it.

Customer: replied 11 months ago.
Thanks for the info.
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.