Single Justice Procedure notice for speeding SJPN

kuz_t91

Hi,

My wife received a speeding ticket in the post from a manned speed van in Feb this year, I was driving the vehicle so we filled the letter in and returned it. We did not hear anything back and forgot about it, we have since moved houses and just on Friday 12/7/24 received a SJPN in my wife’s name, obviously I was driving but not sure weather she should put a not guilty in or if I can phone them to get it transferred to my name, I am guilty of course I’m happy to take the points and fine but how do I get it into my name instead of my wife’s? She has a deadline to reply by 02/08/24 and help or advice is much appreciated.

Car_54

Has your wife been charged with speeding, failure to name the driver, or both?

TadleyBaggie

Presumably the police claimed they never received your wife's response and so have raised a charge of "failing to name"? They may have also dual charged, i.e. included the speeding charge as well.

Since she wasn't driving and the police have no idea who was, any speeding charge is likely to be dropped at court. So this leave your wife defending the failing to name charge, does she have any proof it was posted back? When you didn't receive anything back in your name after a few weeks, it really should have been followed up by yourselves.

Probably best you post this over at the Free Traffic Legal Advice forum at: http://ftla.uk/

TooManyPoints

Alas your wife is on her own with this. If they had received her response the charge would have been against you for speeding.  She has almost certainly been charged with "failing to provide driver's details" (check this on the SJPN)  and whether or not she has been charged with speeding as well is of no consequence since she was not driving.

The speeding matter is now irrelevant and cannot be transferred to anybody. The police have no evidence to prove who was driving (that comes from the return the police say they did not receive). 

Your wife's only option if she wants to avoid conviction is to plead not guilty to the charge. However, she does not have much in the way of a defence unless, at the very least, she can convince the court that she did respond to the request. The matter is further complicated by your change of address because they may have sent a reminder and that was obviously not received.

Pleading not guilty but being convicted will be very costly. The offence carries a fine of 1.5 week's net income, a surcharge of 40% of that fine and the prosecution will ask for costs in the region of £650. If she pleads guilty she will get a one third discount off the fine and costs will be only £90.

Unfortunately the offence carries an endorsement code (MS90) which gives insurers apoplexy. She can expect her premiums to double in the first year with the increase tapering off until she no longer has to declare the conviction after five years.

kuz_t91

Car_54 said:

Has your wife been charged with speeding, failure to name the driver, or both?

She’s been charged with both offences, but the letter was sent and no reminders came through the post 

kuz_t91

She was previously registered to her mums address which is how we know there were no reminders sent 

Car_54

kuz_t91 said:

Car_54 said:

Has your wife been charged with speeding, failure to name the driver, or both?

She’s been charged with both offences, but the letter was sent and no reminders came through the post 

OK, she can try to defend the failure charge, which will be difficult and potentially very expensive (as above) and

She can't be convicted of the speeding, since they have no evidence that she was driving (and she wasn't).

TooManyPoints

I only mentioned the reminders as it could have added to the police case (rather than helped hers). There is no legal requirement for reminders and any that are sent are provided as a courtesy only. Did she as much as keep a copy of her response?.

kuz_t91

TooManyPoints said:

I only mentioned the reminders as it could have added to the police case (rather than helped hers). There is no legal requirement for reminders and any that are sent are provided as a courtesy only. Did she as much as keep a copy of her response?.

No we never kept a copy unfortunately 

kuz_t91

We have decided that she will go for a guilty on the naming of the driver, she was also sent a copy of the original form so we have been online and submitted my information as the driver at the time now. Hopefully this helps her case. She will go not guilty for the speeding as I have now given my details online. Hopefully they take into consideration she found out she was pregnant at that time that the original letters were received and is heavily pregnant now as well as the cost of living at the moment. It’s a long shot but we will give it a go. Hopefully I am sent out a letter to take the driving offence as we both do not have any points.

Thanks for everyone’s help.

if you have anymore advice your more than welcome to leave more messages.

kuz_t91

The evidence of the driver is also blatantly me and not a female so hopefully this goes in our favour.