Speeding fine advice request

Car_54

OK, sorry if we were at cross-purposes.

You haven't clarified whether the "letter" he has received is a Single Justice Procedure Notice. Is it?

If it is, and there is only the speeding charge, he can plead guilty but can explain (briefly, in the Mitigation section) that no fixed penalty offer was received, and ask respectfully for the court to consider sentencing him at the FP level.

If he has also been charged with failing to provide details, then he should on no account plead guilty to either, but come back for further advice.

TooManyPoints

The "SP30" which you mention is not a charge. It is one of the endorsement codes for speeding (specifically for exceeding the statutory speed limit on a public road - it has nothing to do with the limit being 30mph). If he did not respond to his own "request for driver's details" he cannot be convicted of speeding because the police have no evidence he was driving. Your response nominating him is not sufficient as you could nominate anybody.

So we cannot go any further unless you tell us what he has been charged with. Even if he did not receive his own request he will still be charged with failing to respond to it providing the police can prove they sent it. That may sound strange, but that's the way it is.

More often than not the police raise both charges (speeding and failing to respond). We need to know whether that is the case here. It's important because how he proceeds depends entirely on the answer to that question.  A conviction for failing to respond to the request needs to be avoided if at all possible. Not only does it carry a hefty fine and six points, but it also carries an endorsement code (MS90) which insurers hate. He will see increased premiums for up to five years and it is not unusual to see a doubling of premiums in the first year.

So, what is the letter and what charges does it mention?

LightFlare

As suggested - head to FTLA.

But with respect, you will need to provide much clearer information with regards to document names,dates,timeline etc to receive any useful advice (there or otherwise)

Car_54

Car_54 said:

OK, sorry if we were at cross-purposes.

You haven't clarified whether the "letter" he has received is a Single Justice Procedure Notice. Is it?

If it is, and there is only the speeding charge, he can plead guilty but can explain (briefly, in the Mitigation section) that no fixed penalty offer was received, and ask respectfully for the court to consider sentencing him at the FP level.

If he has also been charged with failing to provide details, then he should on no account plead guilty to either, but come back for further advice.

On reflection, if he has ONLY been charged with speeding, AND he has not responded to a request for driver identity, then there is no evidence that he was driving, and he cannot be convicted. He should therefore plead not guilty.

Frozen_up_north

boots_babe said:

TooManyPoints said:

You can get good advice if you remain here (I contribute to both here and ftla)

After you replied naming your husband as the driver, did he received his own "request for driver's details" and did he respond to it?

What is this "letter" he has received? Is it a "Single Justice Procedure Notice"? If so, what charge(s) does it mention?

No he didn't. As I day I know I should have noticed and contacted them but our life was just a chaotic blur at the time.  

How on earth can I prove he didn't receive anything though? 

This web page has a lot of useful info:

https://frankrogerslaw.co.uk/notice-of-intended-prosecution

TooManyPoints

That's all very interesting but none of it provides a satisfactory way to deal with the problem the OP's husband probably faces. The closest it gets is to say that if he doesn't respond to a NIP he will get six points. Leaving aside the fact that a NIP needs no response (it is the accompanying "request for driver's details" which does) it does not explain how a driver should deal with a prosecution for failing to respond to a request which he did not receive.

That's probably what's happened here and there is a tried and tested way of dealing with it in most cases. But until the OP answers the two questions I asked we can go no further.

boots_babe

Car_54 said:

OK, sorry if we were at cross-purposes.

You haven't clarified whether the "letter" he has received is a Single Justice Procedure Notice. Is it?

If it is, and there is only the speeding charge, he can plead guilty but can explain (briefly, in the Mitigation section) that no fixed penalty offer was received, and ask respectfully for the court to consider sentencing him at the FP level.

If he has also been charged with failing to provide details, then he should on no account plead guilty to either, but come back for further advice.

Sorry for the delayed reply I've had a lot on. I've just looked at the letter, it says it is a 'single justice procedure notice'.

And yes it states it is for the speeding charge. I have checked through carefully, it says 'Offence 1', and provide details of the 36mph in a 30mph zone and nothing else. I cannot see any further Offence 2 listed anywhere.

What does FP level mean please?

TooManyPoints

FP = "Fixed Penalty" (£100 and 3 points).

I asked earlier whether your husband received his own NIP and request for driver's details and if so whether he had responded to it. You said he had not received anything.

He should therefore plead Not Guilty to speeding as the police have no evidence he was driving.

However, before he does that, you should be absolutely sure of two things:

1. That he definitely did not receive and respond to his own request for driver's details after you had named him.

2. That the SJPN only mentions the speeding charge and not "Failure to provide driver's details" as well.

Along with the SJPN he should also have received a "Statement of Facts" together with the evidence the police intend to rely on to convict him. Has he got that? If so, what does it consist of?

You need to be absolutely sure of your answers to the above two questions and also explain what else he has received. It is important to do so before he goes any further.

Risteard

boots_babe said:

TooManyPoints said:

You can get good advice if you remain here (I contribute to both here and ftla)

After you replied naming your husband as the driver, did he received his own "request for driver's details" and did he respond to it?

What is this "letter" he has received? Is it a "Single Justice Procedure Notice"? If so, what charge(s) does it mention?

No he didn't. As I day I know I should have noticed and contacted them but our life was just a chaotic blur at the time.  

How on earth can I prove he didn't receive anything though? 

You don't need to prove it. The onus is on the accusers. Don't lie down. Fight back and deny the despicable false allegations.

TooManyPoints

You don't need to prove it. The onus is on the accusers.

That is incorrect and badly misleading.

The police have only to prove that the document was correctly addressed and posted. If it is alleged not to have been received, the burden falls on the recipient to prove that.