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I have had 28 days to reply but on the 27 th of July I went away for a holiday to Europe driving with my family. We came back noon time 22nd of August and after 30 hours driving we were sleeping for almost next 2 days so I didn't check the post until Monday the 24th of August. As I couldn't recognize the place of the offence I have replied on the 26th of August asking for more details with regards to the offence like more precise description and a photo evidence as based on the provided info I am not able to verify any of those details. I send my reply with 2nd signed for post.
I received a reply dated 23 of September received 26th of September stated " Our records show that notice of Intended prosecution/section 172 requested for name and address of the driver and a reminder of this notice have been sent to you and to date no response has been received by this office. I must advise that this matter may be prepared for court and a summons issued. Should you be convicted of failing to supply information that identifies the driver at the time of alleged offence, you may be liable to a maximum fine of £1000 and endorsement of 6 penalty points of your licence and possible disqualification from driving.
Please provide the information requested by completing the reverse of this letter and ensure it is returned to ....within 7 days from the date of this letter.
I have replied on the 27th of September stating that I have send my reply on 26th of August with the reference and received no reply hence not able to answer the form correctly as stated before. Sent the letter again with 2nd signed for.
I received an answer dated 5th of October received 7th of October with answers:
....the location of the offence is accurate and as per description given on the Notice of Intended Prosecution paperwork. to assist you further this offence was captured near the .....The location is approx. 1.6 miles from your address.
There is no requirement in law at this time to supply you with any evidence- photographic or otherwise. however this is available if requested by you and a copy is attached, although this is not to identify the driver but to place the vehicle at the location on the time and date specified.
....
Please find enclosed a duplicate copy of the notice. Should no response be received within 7 days from the date of this letter these matter will.....
So following my request I was provided with additional info with regards to the location which was helpful and the photo of evidence but what was interesting the speed recorder on the photo was 39mph not 40mph as stated on the letter. There was no copy of the notice attached as stated hence I have used the copy from the first letter dated 28th of September.
sadly I didn't noticed the 7 days deadline and replied on the 21st of October with the form filled in with letter stating that based on additional info provided I assume I was the driver and I have signed the form. I have also asked why on the letter the offence is stating that I was driving 40mph when on the photo is recorder 39mph? and sent it back with 2nd signed for.
I got no reply to my answers but instead on the 26rd of October received another letter dated 23rd October stating that "Unfortunatelly You have provided this admission outside of the requested 28 day time scale and your case has now been closed for court
I am in the process of Single Justice Procedural Notice planning to plead guilty on speeding (i want to come to court) and not guilty on the Fail to give information relating to the identification of the driver/ rider of a vehicle when required 27/08/2020
All advise highly appreciated as I am being treated like have committed huge offence and my requests are being ignored or mentioned that they are not necessary. How can I treat the law with full respect trying to answer the best possible way without being sure that I have committed a crime?
Looking forward to all suggestions please.
Thank you in advance
- Speeding- exceed 30 mph on restricted road – manned equipment. Offence date 22/07/2020
- Fail to give information relating to the identification of the driver/ rider of a vehicle when required 27/08/2020
I have had 28 days to reply but on the 27 th of July I went away for a holiday to Europe driving with my family. We came back noon time 22nd of August and after 30 hours driving we were sleeping for almost next 2 days so I didn't check the post until Monday the 24th of August. As I couldn't recognize the place of the offence I have replied on the 26th of August asking for more details with regards to the offence like more precise description and a photo evidence as based on the provided info I am not able to verify any of those details. I send my reply with 2nd signed for post.
I received a reply dated 23 of September received 26th of September stated " Our records show that notice of Intended prosecution/section 172 requested for name and address of the driver and a reminder of this notice have been sent to you and to date no response has been received by this office. I must advise that this matter may be prepared for court and a summons issued. Should you be convicted of failing to supply information that identifies the driver at the time of alleged offence, you may be liable to a maximum fine of £1000 and endorsement of 6 penalty points of your licence and possible disqualification from driving.
Please provide the information requested by completing the reverse of this letter and ensure it is returned to ....within 7 days from the date of this letter.
I have replied on the 27th of September stating that I have send my reply on 26th of August with the reference and received no reply hence not able to answer the form correctly as stated before. Sent the letter again with 2nd signed for.
I received an answer dated 5th of October received 7th of October with answers:
....the location of the offence is accurate and as per description given on the Notice of Intended Prosecution paperwork. to assist you further this offence was captured near the .....The location is approx. 1.6 miles from your address.
There is no requirement in law at this time to supply you with any evidence- photographic or otherwise. however this is available if requested by you and a copy is attached, although this is not to identify the driver but to place the vehicle at the location on the time and date specified.
....
Please find enclosed a duplicate copy of the notice. Should no response be received within 7 days from the date of this letter these matter will.....
So following my request I was provided with additional info with regards to the location which was helpful and the photo of evidence but what was interesting the speed recorder on the photo was 39mph not 40mph as stated on the letter. There was no copy of the notice attached as stated hence I have used the copy from the first letter dated 28th of September.
sadly I didn't noticed the 7 days deadline and replied on the 21st of October with the form filled in with letter stating that based on additional info provided I assume I was the driver and I have signed the form. I have also asked why on the letter the offence is stating that I was driving 40mph when on the photo is recorder 39mph? and sent it back with 2nd signed for.
I got no reply to my answers but instead on the 26rd of October received another letter dated 23rd October stating that "Unfortunatelly You have provided this admission outside of the requested 28 day time scale and your case has now been closed for court
I am in the process of Single Justice Procedural Notice planning to plead guilty on speeding (i want to come to court) and not guilty on the Fail to give information relating to the identification of the driver/ rider of a vehicle when required 27/08/2020
All advise highly appreciated as I am being treated like have committed huge offence and my requests are being ignored or mentioned that they are not necessary. How can I treat the law with full respect trying to answer the best possible way without being sure that I have committed a crime?
Looking forward to all suggestions please.
Thank you in advance
