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Hi All,
I received a speeding ticket back in May and could not identify the driver definitively as I was completing the Three Peaks challenge with two friends and therefore we were swapping drivers regularly and none of us are certain who it was driving at the time of the offence but on the balance of probability having reviewed the timeline, we’re 75% sure of who it probably was.
We have fully accepted that we are responsible for the speeding ticket and the individual who we think it might be is happy to take the points/fine but I understood the law was that you should only state the driver if you’re 100% certain of who was responsible. I’ve explained this to the police and they advised me to put this in writing, which I have.
I’ve subsequently been served a Single Justice Procedure Notice that I’ve received for a S172 offence and I have 21 days to respond. I was really hoping that someone with some legal knowledge would be able to give some answers on the following points:
1. We had hired a car in my name, but my two friends were both named drivers as well. Will they also receive ‘SJPN’ or as the hirer, am I solely responsible and therefore it is only me that will end up getting fined/penalty points?
2. I’m not sure whether to plead guilty or not guilty, as I’m confident that it was not me driving the car and I’ve tried to be totally transparent with the police so I’ve not willingly withheld the driver’s identity – I just honestly can’t be 100% certain who it was even if I have a good inclination.
3. I don’t want to get points on my licence and/or pay a huge fine so on the balance of probabilities, if my friend is most likely to be responsible and willing to accept it, can I ask the court to accept him as the responsible party? If so, how would I go about taking this action please?
4. My friend who we think is most likely responsible is prepared to plead guilty and accept the consequences however he is currently living in New Zealand and therefore returning to the UK for a court case is not an easy option. Is there any chance that he will be called to court?
5. At this stage, is there any way to avoid this going to court now or is my only option to appear in court and explain the situation and hope that they sympathise with the circumstances and/or accept that on the balance of probabilities, my friend is the most likely driver?
6. If I’m called to court and the offence took place in Cumbria then will I likely be called to a court near there or will the case be scheduled near my place of residence which is in London?
I’m really concerned about this and not sure what to do so I would really appreciate any guidance that anyone can offer. Thank you in advance for your help!
I received a speeding ticket back in May and could not identify the driver definitively as I was completing the Three Peaks challenge with two friends and therefore we were swapping drivers regularly and none of us are certain who it was driving at the time of the offence but on the balance of probability having reviewed the timeline, we’re 75% sure of who it probably was.
We have fully accepted that we are responsible for the speeding ticket and the individual who we think it might be is happy to take the points/fine but I understood the law was that you should only state the driver if you’re 100% certain of who was responsible. I’ve explained this to the police and they advised me to put this in writing, which I have.
I’ve subsequently been served a Single Justice Procedure Notice that I’ve received for a S172 offence and I have 21 days to respond. I was really hoping that someone with some legal knowledge would be able to give some answers on the following points:
1. We had hired a car in my name, but my two friends were both named drivers as well. Will they also receive ‘SJPN’ or as the hirer, am I solely responsible and therefore it is only me that will end up getting fined/penalty points?
2. I’m not sure whether to plead guilty or not guilty, as I’m confident that it was not me driving the car and I’ve tried to be totally transparent with the police so I’ve not willingly withheld the driver’s identity – I just honestly can’t be 100% certain who it was even if I have a good inclination.
3. I don’t want to get points on my licence and/or pay a huge fine so on the balance of probabilities, if my friend is most likely to be responsible and willing to accept it, can I ask the court to accept him as the responsible party? If so, how would I go about taking this action please?
4. My friend who we think is most likely responsible is prepared to plead guilty and accept the consequences however he is currently living in New Zealand and therefore returning to the UK for a court case is not an easy option. Is there any chance that he will be called to court?
5. At this stage, is there any way to avoid this going to court now or is my only option to appear in court and explain the situation and hope that they sympathise with the circumstances and/or accept that on the balance of probabilities, my friend is the most likely driver?
6. If I’m called to court and the offence took place in Cumbria then will I likely be called to a court near there or will the case be scheduled near my place of residence which is in London?
I’m really concerned about this and not sure what to do so I would really appreciate any guidance that anyone can offer. Thank you in advance for your help!
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