Single Justice Procedure letter

ImranU95

I had a speeding ticket come through in May. I nominated a driver and haven’t heard anything back since, until today, when I received a letter with the above. I don’t have any proof (photocopies etc). How can I argue my case because I really don’t want anything to fall back on me etc. The letter has given me the below options:



On a side note, a speed of 68mph in a 40 zone, would this be 3 points or more?

geordiejon

Band C

6 points or 7-56 days disqualification and a penalty of around 150% (between 125% and 175%) of your weekly income, applies to the most serious offences: 

• 41 and over in a 20 limit
• 51 and over in a 30 limit
• 66 and over in a 40 limit

ImranU95

Provided it is a disqualification, would this affect my insurance in terms of losing my NCD, how long i’ve had my license etc? Would a disqualification of 56 days mean I would then have to retake my test also?

Car_54

Were you the driver you nominated?

if so, the usual advice is to plead not guilty to both, and look to do a ‘plea deal’ ( guilty to speeding if the drop the failure to furnish).

if not, it’s more difficult. Whatever you do, do NOT plead guilty, and get over to pepipoo.com for better advice.

ImranU95

Car_54 said:

Were you the driver you nominated?

if so, the usual advice is to plead not guilty to both, and look to do a ‘plea deal’ ( guilty to speeding if the drop the failure to furnish).

if not, it’s more difficult. Whatever you do, do NOT plead guilty, and get over to pepipoo.com for better advice.

I wasn’t the driver nominated but i’m thinking for worst case scenario since i’ve had this letter through the post. I’ll check out pepipoo.com. Should I get a solicitor? Also, as per your comment, do NOT plead guilty to either of the charges?

TooManyPoints

Then all you can do is to defend the "Fail to provide driver's details" charge. I don't rate your chances as you have no evidence that you responded to the request. If it was as simple as turning up to say "I did respond" then nobody would reply to the requests.

If convicted the offence carries six points, a hefty fine and an endorsement code (MS90) which will see your insurance premiums soar for up to five years.

facade

Post at pepipoo as advised

You mustn't plead guilty to the speeding as it wasn't you driving, and that would be "perverting the course of justice" risking a jail sentence if they can prove it wasn't you driving.

To do a "plea bargain" you have to plead not guilty, once you send that form back with guilty on there is nothing you can do. However, you can't plea bargain as it wasn't you driving.

Pleading "not  guilty" to the speeding even if you do plead guilty to the failure to give information will be advised as they don't know who the driver is so they would have to drop the case. Plus, of course, you are not guilty!

Failing to identify carries a 6 point penalty and a hefty fine plus victim surcharge and costs.

You really want advice on defending the failing to identify, which is better coming from the people at pepipoo. actually pepipoo have a new site ftla.uk (free traffic legal advice)

Mildly_Miffed

ImranU95 said:

I had a speeding ticket come through in May. I nominated a driver and haven’t heard anything back since, until today, when I received a letter with the above. I don’t have any proof (photocopies etc). How can I argue my case because I really don’t want anything to fall back on me etc. The letter has given me the below options:



On a side note, a speed of 68mph in a 40 zone, would this be 3 points or more?

As the table says, you have a simple choice...

Charge 1 - failure to notify. Guilty or Not Guilty. If Guilty, do you wish to attend.
You say you're not guilty. So you tick that box, and you fill in the "mitigating circumstances" section to say that you did, you really did, but you can't prove it.

Charge 2 - speeding. Guilty or Not Guilty.

You say you're not guilty. So you tick that box, and you fill in the "mitigating circumstances" section to say that you named Mr X of 14 Wherever Street, Whichtown, BC1 2DE, as they were to the best of your knowledge driving at the time.

68 in 40 is above the threshold for a FPN, so the driver is getting a court date. 65 is the highest for a FP, 53 for course. "Local traffic order" says that it was a temporary reduction - the driver probably simply ignored the temporary signs, and was photographed by a man sat in the back of a van.

Aretnap

Mildly_Miffed said:

ImranU95 said:

I had a speeding ticket come through in May. I nominated a driver and haven’t heard anything back since, until today, when I received a letter with the above. I don’t have any proof (photocopies etc). How can I argue my case because I really don’t want anything to fall back on me etc. The letter has given me the below options:



On a side note, a speed of 68mph in a 40 zone, would this be 3 points or more?

As the table says, you have a simple choice...

Charge 1 - failure to notify. Guilty or Not Guilty. If Guilty, do you wish to attend.
You say you're not guilty. So you tick that box, and you fill in the "mitigating circumstances" section to say that you did, you really did, but you can't prove it.

Charge 2 - speeding. Guilty or Not Guilty.

You say you're not guilty. So you tick that box, and you fill in the "mitigating circumstances" section to say that you named Mr X of 14 Wherever Street, Whichtown, BC1 2DE, as they were to the best of your knowledge driving at the time.

Nope. Neither of those things are mitigating circumstances - they're defences to the charges. Mitigating circumstances are things which make the offence that you committed less serious - "Yes I was speeding but the road was empty, the weather was good, there were no hazards and I urgently needed to take my sick hamster to the vets etc etc".

If you're playing not guilty you don't fill in the mitigating circumstances part at all - it will not be dealt with by post and will proceed to a full trial, where the OP can argue that he did send the form back, that it wasn't him driving.

Car_54

Aretnap said:

Mildly_Miffed said:

ImranU95 said:

I had a speeding ticket come through in May. I nominated a driver and haven’t heard anything back since, until today, when I received a letter with the above. I don’t have any proof (photocopies etc). How can I argue my case because I really don’t want anything to fall back on me etc. The letter has given me the below options:



On a side note, a speed of 68mph in a 40 zone, would this be 3 points or more?

As the table says, you have a simple choice...

Charge 1 - failure to notify. Guilty or Not Guilty. If Guilty, do you wish to attend.
You say you're not guilty. So you tick that box, and you fill in the "mitigating circumstances" section to say that you did, you really did, but you can't prove it.

Charge 2 - speeding. Guilty or Not Guilty.

You say you're not guilty. So you tick that box, and you fill in the "mitigating circumstances" section to say that you named Mr X of 14 Wherever Street, Whichtown, BC1 2DE, as they were to the best of your knowledge driving at the time.

Nope. Neither of those things are mitigating circumstances - they're defences to the charges. Mitigating circumstances are things which make the offence that you committed less serious - "Yes I was speeding but the road was empty, the weather was good, there were no hazards and I urgently needed to take my sick hamster to the vets etc etc".

If you're playing not guilty you don't fill in the mitigating circumstances part at all - it will not be dealt with by post and will proceed to a full trial, where the OP can argue that he did send the form back, that it wasn't him driving.

Greed. And in any event the response to charge 2 is only relevant to charge 1.