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Speeding Ticket

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  • #16
    Originally posted by islandgirl View Post
    No response to the request for information leads to a prosecution for fail to provide information,
    Indeed it does. And if that is what has happened to the OP's wife, and she has been convicted in her absence without her knowledge, then a Stat Dec would be the way to go. However, we don't know whether that is the case. I doubt very much whether it is because if the If the speeding offence occurred in July the S172 offence would not have been committed until 28 days after the request was deemed served, so some time in August. In many areas the police are using all of the six months allowed to issue court proceedings and I suspect it is unlikely they have done so and seen a conviction by now. More than that, if the OP's wife had been convicted, the next letter she would receive would be informing her of her conviction and endorsement and seeking payment of the fine and costs, etc These would probably be £811 - £660 fine, £66 Victim Surcharge and £85 costs. The OP mentions nothing of this demand and I image he would have if that's what had been received.

    Until we know what precisely has been received further speculation is of no help. She certainly cannot perform a Statutory Declaration if she has not been convicted.

    Comment


    • #17
      There cannot be a conviction when there is no knowledge of who is driving. We do know what has been received - notice of intended prosecution for fail to provide info. I disagree with your view but I am sure we can agree that she needs to contact the court urgently or she will certainly be convicted of this offence. .

      Comment


      • #18
        There cannot be a conviction when there is no knowledge of who is driving.
        Yes there can - for "Failing to provide driver's details". The most common reason for a defendant needing to perform a Stat Dec. is when they have been convicted in their absence and without their knowledge for that offence. Although it may happen for other reasons, that often happens because they have failed to update the Registered Keeper details with the DVLA (perhaps because they have changed address).

        We do know what has been received - notice of intended prosecution for fail to provide info.
        No we don't (as I keep saying). No Notice of Intended Prosecution is issued for "Failing to Provide Driver's Details" because one is not necessary. When no response is received the usual process is to issue a "Single Justice Procedure Notice".

        I disagree with your view...
        What exactly do you disagree with?

        Although we are indeed guessing about what has been received, unless it was a reminder of some sort (and the OP's tone does not give that impression) realistically it can only be one of two things. Either:...

        (1) A Single Justice Procedure Notice listing Failing to Provide Driver's Details and (hopefully) speeding. I say hopefully because it makes it easier to deal with when the matter is heard in court. Or...

        (2) A notification of conviction (for failing to provide details) together with details of the sentence handed down.


        ...but I am sure we can agree that she needs to contact the court urgently or she will certainly be convicted of this offence. .
        We can agree she needs to do something, but quite what depends on what has been received. If it is (1) above (which is where my money lies) all she needs to do is to respond to it within the 21 days allowed. I can explain how to respond if and when the OP tells us precisely what has been received.

        If it is (2) she does need to contact the sentencing court to arrange a date for a Statutory Declaration. The court must hear it if it is made within 21 days of being made aware of the conviction and they may (at their discretion) hear it beyond that time. They will hear it if the only reason for the delay is lack of available appointments to make the SD.

        Comment


        • #19
          Exactly. There cannot be a speeding conviction if we do not know who is driving but can be a fail to provide
          Failing to update the drivers address with the DVLA is not a defence
          The OP said "the letter mentions failed to provide information"

          Let's see what happens.

          Comment

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