notice of intended prosecution

DoctorFoster

matttye wrote: »

So he knew he was the driver all along and didn't plead guilty by post so that he could go to court and plead guilty to speeding in exchange for the failing to provide information being dropped... a result that he could have gotten by pleading guilty by post in the first place and not having had the inconvenience of attending the hearing.

That's genius!!

Or it makes absolutely no sense whatsoever and you're talking out of your !!!!.

If he told you about the tooth fairy and father Christmas you'd probably believe that too.

kingstreet

Unequivocally picking the most likely driver is a reasonable way of dealing with a S172 request if there is some doubt over who may have been driving.

However, not responding and waiting to see if the offence "times out" without the information being laid, is also a method of attempting to avoid prosecution.

If a summons for FTF and speeding then arrives, it would be reasonable to turn up on the day and seek out the prosecutor and make a deal to plead guilty to the speeding in returning for the FTF being dropped.

Costs, a higher fine/points and victim surcharge would then be the increased cost of not dealing with the matter earlier by way of SAC or CoFP.

This is all discussed regularly on Pepipoo.

Rover_Driver

matttye wrote: »

So he knew he was the driver all along and didn't plead guilty by post so that he could go to court and plead guilty to speeding in exchange for the failing to provide information being dropped... a result that he could have gotten by pleading guilty by post in the first place and not having had the inconvenience of attending the hearing.

The danger of dealing with the matter by post is getting the failing to provide the information dropped in exchange for a guilty plea to speeding, if they don't, you could be found guilty on both counts. So you have to be there on the day to get them to agree.

dave030445

Im going to get wife to phone them on Monday. And see what they say.

DUTR

dave030445 wrote: »

Im going to get wife to phone them on Monday. And see what they say.

From the various threads of this type of late, if I was sharing a car, I would get a little diary/log book, to keep track of car usage in case of events like this.

dave030445

DUTR wrote: »

From the various threads of this type of late, if I was sharing a car, I would get a little diary/log book, to keep track of car usage in case of events like this.

Doesn't really help with what I should do now.

JustinR1979

dave030445 wrote: »

Doesn't really help with what I should do now.

You could produce a diary that shows the wife was driving at the time, that would help

DUTR

dave030445 wrote: »

Doesn't really help with what I should do now.

Well no, but for future reference.
What you should perhaps do now, is offer to the PS your take on events and let them decide which path they wish to follow.
They can either accpet that you are unable to name the driver at the time and follow the proceedure for that charge or have a good think/talk with the other driver to see if either can recall who was driving at the time. What is fact is they are not going to just drop it on a mitigation of "I don't know" they don't have to prove who was driving at the time as they have the failure to durnish charge which they can adopt.

dave030445

DUTR wrote: »

Well no, but for future reference.
What you should perhaps do now, is offer to the PS your take on events and let them decide which path they wish to follow.
They can either accpet that you are unable to name the driver at the time and follow the proceedure for that charge or have a good think/talk with the other driver to see if either can recall who was driving at the time. What is fact is they are not going to just drop it on a mitigation of "I don't know" they don't have to prove who was driving at the time as they have the failure to durnish charge which they can adopt.

yes i understand they are not going to drop it as everyone would do it. I just don't what to make it worse by saying the wrong thing.

DoctorFoster

dave030445 wrote: »

yes i understand they are not going to drop it as everyone would do it. I just don't what to make it worse by saying the wrong thing.

Don't speak to them, write and ask for photos to assist in the identification of the driver.

Keeps a copy and get proof of posting. You may need to evidence you have done all you can.