NIP error SJP issued

trianglesoup

I received a NIP with a typo on the road name and a date of 10/11/23 at 06:00. This wasn't me at all so I replied back saying I wasn't the driver and attached evidence of my Google Timeline History and a request for ANPR cameras to be checked as I didn't have the authority to do this. My vehicle didn't leave my address.
I also emailed a copy of my supporting letter across to the camera enforcement team and no response was received.

I received a SJP bundle saying I had two offences. One being the original offence of speeding and another being failure to respond. In the bundle, the paperwork evidence shows a timestamp of another date  and time (17/11/23 at 2:30) with a PC statement saying the car was caught with a camera but the officer was assisting elsewhere and unable to stop the vehicle.

I've been summoned to court after responding not guilty and declaring that the NIP and SJP bundle are two separate dates - neither of which are me.

Could someone assist me in how to conduct myself in court? My car was parked at my daughters address as she is the primary user of the vehicle and I've asked her to be a witness.

As the officer didn't stop the vehicle there isn't any evidence of who the real driver was. Police suggested calling 101 to report a false plate. I am wondering whether other actions need to be taken.

Thanks so much for your help!! 

Keep_pedalling

You will be better off posting this on the FTLA forum where you will receive expert advice. Before you do check your V5C to see if that has the right address on it.

https://www.ftla.uk/speeding-and-other-criminal-offences/

Car_54

Your Google timeline was irrelevant. At that stage, the police didn't know you were the driver and were interested in the car, not you. Did you offer any evidence that the car was elsewhere?

Anyway, all of that is also irrelevant as it seems the SJP is indeed referring to a different offence. I'd suggest you go to https://www.ftla.uk/index.php for more expert advice.

TooManyPoints

The speeding charge is a dead duck as there is no evidence to show who was driving. You were not, so cannot offer to plead guilty to it on the understanding that the FtR charge is dropped. So that just leaves you with the FtR charge to deal with.

Are there any photographs contained in your bundle?

trianglesoup

Yes therTooManyPoints said:

The speeding charge is a dead duck as there is no evidence to show who was driving. You were not, so cannot offer to plead guilty to it on the understanding that the FtR charge is dropped. So that just leaves you with the FtR charge to deal with.

Are there any photographs contained in your bundle?

Yes the photo is my plate on a vehicle but not visible to see the driver it's black and white and not the best quality image. I did respond and I emailed my supporting letter when I spoke to the police they said it may be because you failed to identify a driver it wasn't correctly processed. Any advice for challenging this and getting it sorted without a fine as I haven't done anything wrong 

TooManyPoints

I see you've also posted this on FTLA (to which I also contribute).However, let's continue here for a while.

Just to clear up some dates. We'll disregard the date quoted in the SJPN bundle as that confusion wasn't apparent when you had the original request. You say the alleged offence took place on 10/11/23. This is now more than eight months ago.  Do you know the date of issue of your NIP and accompanying "request for driver's details" and the date of issue of the SJPN? This is important because proceedings must begin within six months of the date of the offence. 

Assuming the proceedings were begun in time you will have to concentrate on the "Fail to Provide" charge. The purpose of the photos is not to identify the driver, only the vehicle. When you say it was your plate "on a vehicle" are you suggesting it was not or might not have been your vehicle? Is the location one where the car might have been driven at some time around those dates?

It does seem that you are not "The person Keeping the Vehicle". That's more likely to be deemed to be your daughter. What you should have done is simply named her and let her sort it out but I appreciate she would then be in the position you are now and so I can understand your reluctance to do that.

trianglesoup

TooManyPoints said:

I see you've also posted this on FTLA (to which I also contribute).However, let's continue here for a while.

Just to clear up some dates. We'll disregard the date quoted in the SJPN bundle as that confusion wasn't apparent when you had the original request. You say the alleged offence took place on 10/11/23. This is now more than eight months ago.  Do you know the date of issue of your NIP and accompanying "request for driver's details" and the date of issue of the SJPN? This is important because proceedings must begin within six months of the date of the offence. 

Assuming the proceedings were begun in time you will have to concentrate on the "Fail to Provide" charge. The purpose of the photos is not to identify the driver, only the vehicle. When you say it was your plate "on a vehicle" are you suggesting it was not or might not have been your vehicle? Is the location one where the car might have been driven at some time around those dates?

It does seem that you are not "The person Keeping the Vehicle". That's more likely to be deemed to be your daughter. What you should have done is simply named her and let her sort it out but I appreciate she would then be in the position you are now and so I can understand your reluctance to do that.

Yes the NIP date on the top is just days after the offence date so still November 2023. Do you mean the SJP paperwork must be dated within 6 months - which it is unfortunately very tight timing at 5 months 3 weeks later. 
The court date is next month so beyond 6 months.

The car in the photo looks like a similar shape to my vehicle but it isn't distinctly obvious. I know it can't have been mine as it wasn't anywhere near there during that time and was at daughters home.