Single justice procedure for speeding

**islandgirl** · 4th December 2022, 18:34:PM

are you sure there are not 2 speeding issues? Check the information on the fail to provide information. Have you moved house and not updated your licence?

**Hunter-pike** · 4th December 2022, 22:18:PM

No not moved

**islandgirl** · 4th December 2022, 23:22:PM

Very strange that you have not received the initial request for you to identify the driver? I would get in touch with the court and explain that this is the first you have heard of this

**Manxman** · 7th December 2022, 14:59:PM

Originally posted by Hunter-pike View Post

I have received a single justice procedure for 2 charges. One is failing to provide information of my identification and the other is for speeding caught by camera doing 59 in a 50. I am guilty of speeding but this is the 1st letter I have recieved. I have not been provided with a ticket or previous notice. The offence took place on the 25/7/22 this letter is dated 28/11/22. What shall I do? I have to put a plea in

A few questions:

Are you the Registered Keeper and is the V5C in your possession?

If "Yes", is the address on the V5C 100% correct with no errors and no omissions? And do you have any history of mail delivery problems?

If "No", who is the Registered Keeper? If you know, you could try asking them when they received the original NIP and when they identified you to the police. The first NIP needs to be sent to the RK within 14 days of the original offence.

You could try finding out from the police when your NIP was sent to you. They will have a record of this and, assuming they have sent it to your correct address, you will then be in the difficult position of proving that you didn't receive it - or any reminder they may have sent. There is a legal presumption that anything sent by first class post is delivered two days later. Proving it wasn't is very difficult. (The police might brush off any request about the NIP by saying the matter is now out of their hands and the court is now dealing with it. But no harm in asking).

I'm not a lawyer but, as I understand it, I believe most people in your position have the following option. If you actually were the driver and you accept that you committed the speeding offence, then you plead Not Guilty to both offences and when you attend court on the day you speak to the prosecuting barrister before your case is heard and you tell him (or her) that, provided they agree to drop the failure to identify charge, you will change your plea to guilty for the speeding charge. But this option is only open to you if you were the driver in respect of the speeding charge.

The logic behind this is that the failure to identify the driver charge is more serious than the speeding charge. They have evidence that you failed to identify yourself, but because you failed to identify yourself as the driver they have no evidence of you speeding. But by offering to plead guilty to the speeding IF THEY DROP THE FAILURE TO IDENTIFY CHARGE, it's a win-win situation for both of you. What you want to avoid at all costs is getting convicted of both offences.

But I'm no expert in this. If I were in your position I would go to the pepipoo website and start a new thread there: FightBack Forums -> Speeding and other Criminal Offences (pepipoo.com). Don't register with a hotmail address.

**Manxman** · 7th December 2022, 15:02:PM

I've just made a rather lengthy post I'd rather not have to repeat but which I think has not been accepted because I mentioned p e p i p o o ? I think it might possibly be to the OP's advantage if it could be reinstated? (I seem to recall another poster had a similar issue last week or the week before...?)

**Manxman** · 10th December 2022, 17:57:PM

Ah well...

**des8** · 10th December 2022, 20:21:PM

Recommendations to post on Pepipoo (http://forums.pepipoo.com/) aren't normally unapproved.
Perhaps other wording in your post ran foul off the scam filter

**islandgirl** · 11th December 2022, 01:49:AM

Contact the court. If this is the first time you are aware of the matter you can go to court and swear that this is the case which resets the process. You must however be telling the truth!

**EXC** · 11th December 2022, 04:19:AM

Originally posted by Manxman View Post

I've just made a rather lengthy post I'd rather not have to repeat but which I think has not been accepted because I mentioned p e p i p o o ? I think it might possibly be to the OP's advantage if it could be reinstated? (I seem to recall another poster had a similar issue last week or the week before...?)

Sorry, just seen this and reinstated it. As suggested our sometimes over-active spam filter is to blame.

**islandgirl** · 11th December 2022, 11:03:AM

I would not suggest the not guilty route which will create a trial listing but would go for a statutory declaration being made in mags court that you did not receive the post and the first time you were aware of the speeding offence was when you were charged with fail to provide information. The question will be asked though why did that arrive when the speeding maili did not? If the court agrees the stat dec you reset to the speeding offence which will usually be dealt with in court on the day. The CPS prosecute and you are unlikely to get access to them on the day of trial (they are grossly overworked)

Single justice procedure for speeding