SJPN Advice

[Wiljand]

HI All,

We received a speeding fine sent to my wife (she is the registered keeper) a couple of months ago. We returned the paperwork (it was actually myself driving) and awaited the confirmation of the course we had asked to do. ANNOYINGLY we received the letter back from the post a as the stamp was out of date (didn't even know this was a thing) and the day after we received the SJPN.

What we need is some advice on how my wife pleads? Obviously she wasn't the driver so pleads not guilty to this portion and then not sure how she should pleas to the 'not divulging who driver' was portion of the plea?

Will she get points or will it just be me? How do we inform the court it was me driving and not her etc etc?

We tried contacting Hampshire police and they were no help. Just said (go to the court)

Thanks!

[PallasAthena]

I have seen your post about this on the FTLA site and I agree with the replies given there.

Your wife must plead not guilty to the speeding as she wasn't driving. The police now don't know who was driving so can't prosecute the speeding at this time.

The failure to disclose the driver by the NIP not being received by the police in time is the more serious offence anyway - 6 points if found guilty. Your wife is the registered keeper so only she can be prosecuted for this.

islandgirl and HandyAndy might be able to advise on whether it is best for your wife to plead guilty and hope for mitigation because she attempted to get the NIP back in time and didn't know that stamps now needed barcodes. Or whether she might have a defence under s172(7)(b) RTA 1988 as someone has suggested on FTLA on the grounds that she could not reasonably be expected to have known that she was using an out of date stamp.

[Wiljand]

Thank you. The advice is very much appreciated.

[HandyAndy]

I have also seen this on FTLA and agree that the topic has been well covered.

As above, it is only your wife on the hook for this and only for the "Fail to provide driver's details" charge. There is a possible defence to that charge mentioned on FTLA. I personally do not think that stands much chance of success for the reasons mentioned there. But it's a tricky call. Whilst the court may believe she did not deliberately use an invalid stamp, they may conclude that, in view of the considerable publicity which was given to the stamp changes, it was not unreasonable to expect her to have checked.

Failure following a trial will not see any change to the points imposed, which will be six, but it will cost considerably more. There will be a 50% increase in the fine (and surcharge) and the prosecution costs will be considerably greater,.

[islandgirl]

My quesion is could you prove the letter was sent and returned. Have you kept the envelope? I am not sure the story would necessarily be believed in court otherwise (we hear things you would not believe). As above, the change of stamps was very well publicised and it is the duty of the person posting to ensure the letter arrives. Always get a certificate of posting (free) at the post office - they would have spotted the error for you