Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Anon on March 06, 2025, 11:07:42 am
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You might have missed my reply 1 minute before your last post, but I think you should be gathering evidence that your mate exists.
Will he at least give you a copy of his driving licence if he won’t attend as a witness.
Also what is the date of the speeding offence, If it is more than 6 months ago your mate can happily give evidence knowing he can’t be prosecuted, that might make him more likely to help.
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Yes he is still at same addresses. The offer letter was sent back marked by postman as “addressee gone away”. I don’t know why it couldn’t be delivered. But he is definitely still here. I applied for the photographic evidence on my car registration was because I was being nosey and wanted to try out a sar request.
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Unless it’s a cockup on their part, I imagine their case is you named someone who doesn’t exist, although if that is their case they are effectively accusing you of PCOJ, so why not prosecute you for that?
Without checking is this the thread where your ex mate filled in your S172 and you sent it off? If so perhaps the same handwriting has lead them to the conclusion that nefarious shenanigans are a foot.
It can’t hurt to start gathering evidence of your ex mate’s existence. Screen shot of your text conversations and Do you have a copy of the one day insurance policy?
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Yes, but are you confused as to why the police haven't accepted your story, or because everything you have told us is bang on the money and the Police has decided to attempt what appears on the surface, a prosecution that seems to be too short of evidence to succeed?
You say the offer of a course was replied to as 'recipient gone away' as opposed to earlier when you said it was 'not known at this address'.
Is the 'driver has gone back to their home country card' being attempted here? Presumably you are in contact with your friend still as you had an argument about you receiving a SJPN. Are they still at the address they gave on their nomination?
I would plead not guilty. It sounds as though there is very little evidence to support a failure to furnish charge on you, plus you weren't the one speeding.
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I also did a sar request for photographic evidence...
Why would you be interested in evidence to support the speeding offence when you were not driving?
From what you say, you simply need to plead not guilty. The evidence that the police have provided seems to prove that you responded and that the person you named responded to their own NIP/request for driver's details:
...and also the police have confirmed the reply from the driver that he was driving.
If that is correct then you are out of the frame and I cannot imagine why the police are prosecuting you..
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As I have said before I am also very confused as to why they are taking me to court. I have confirmation from police own statements showing my reply to giving the driver details and also police response to the named driver also replying to admiting guilt. The named driver then did not respond to the following request of an offer of points or driving course. These were returned “addressee gone away”. I also did a sar request for photographic evidence via the email and a respond was given via my email that it was denied because it was a court matter now and they could not provide this information.
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Can you post redacted images of the charge sheet and this evidence that the police received replies from both you and the declared driver but that they did not respond to 'a second letter'. It would be good to know what they are actually titling this 'second letter' as.
Any further correspondence sent after nominations are accepted is usually in the form of an offer of a safety course and/or COFP. If this was sent, it would suggest the Police accepted the nomination. Failure to respond to this would see your friend prosecuted for the speeding offence via a SJPN. No other logical scenario plays out any different. So there is something you are not sharing with us which may be relevant to understanding this.
On the face of it, I do not see what the Police can prosecute you with that would be successful. Unless your friend doesn't exist and you are seeing if the story of this refusing to attend as a witness friend sounds plausible to us? The police know this and that is why they have circled back to you with a FTF charge.
If that is the case, I wouldn't be wanting to test a NG plea.
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Yes to all questions asked. That’s why I am confused as to why they are perusing me and are prosecuting me.and if they got some eveidence should it not be in their proof that they sent me. should i reply with why they are waisting my time and the long journey i have to make for court appearance and maggistrates time.
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Unless they somehow have evidence that the named driver, who confirmed that he was driving, was not the driver, they have no case.
Please confirm or correct the apparent series of events below.
1. You received a NIP/s. 172 addressed to you (the RK).
2. You responded naming the driver, at the driver's address.
3. The driver received his own NIP/s. 172 addressed to him at the address your provided on your s. 172 response.
4. The driver responded admitting to being the driver, without changing the details (e.g. address)
5. A subsequent notice (presumably a COFP) was sent to the driver at that address and returned NKATA.
6. The police are now saying that you failed to name the driver.
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Well here is the latest on this case. I received the court letters and the police witness statements. In it they confirm that a response was received by me to the deatails of the driver concerned and also the police have confirmed the reply from the driver that he was driving. So I don’t know why they taking me to court for speeding and section 172 for failure to provide driver information. They also saying that because the said driver did not respond to second letter from them and it was returned not delivered.
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I don't believe the police are obliged to give you a second chance, but it would appear that some forces sometimes do.
(Having re-read the recent thread I referred to I see that after failing to trace the nominated driver the police in that case went back to the RK of the vehicle in question and asked him to supply further evidence confirming his original nomination. They didn't ask him if he wanted to change his nomination, they asked him to confirm it).
It just seems a bit strange to me that the police would simply accept a "Not known at this address" at face value and wouldn't investigate it further or ask you for confirmation before going on to prosecute you. But what do I know...
Forgive me for asking but i assume that English is not your first language and that you and your friend are foreign nationals. Are you 100% certain of your friend's identity and are you 100% certain of his address? I used to carry out employment checks and never ceased to be amazed by what turned up regarding names and addresses...
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I never received that letter for another opportunity to give driver details. Just court order. Could I ask if what is the evedence of the enquiries done by police . Did they visit the address.
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Before you were charged didn't the police come back to you to inform you that they could not contact your nominated driver at the address you gave, and didn't they give you a second chance either to confirm or to reconsider your nomination? And if they did do so, what did you do?
I'm certain there was a thread quite recently about somebody who had been duped into giving a false name and address for a "NIP farm", but I thought the police in that case had gone back to them and given them the opportunity to "correct" their false nomination.
I would have thought it was quite common for a RK to correctly nominate as driver someone who subsequently returned all mail as "Not known at this address". Assuming the OP is correct here and that the person he nominated really exists and lives at the address given, don't the police investigate suspicious "Not known at this address" replies?
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No. Just the reply from court of what I am being charged with.
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You cannot plead guilty to being the driver as you weren't the driver.
However, that you have been dual charged suggests that they the Police think you have not been honest with them. I would tread carefully about your next move. You are either suggesting you did supply a fake address, or defending the FTF charge as you replied to it with the information you had. Which was supplied to you by the driver.
My so called friend is not willing to be wittiness to it in court.
Of course he isn't.
Personally, based on that and 'not known at this address', I think it sounds like your friend has stitched you up here. Is there any images of these returned letters in the SJPN pack?
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You can’t (* it is often argued) “accept the speeding” because you weren’t the driver.
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Well he is adamant he replied but I can’t confirm 100%. We had a big argument about this. It has gone to court in my name. I am getting charged with speeding and failure to supply driver details. My so called friend is not willing to be wittiness to it in court. I will have to accept the speeding but don’t want extra points for failure to supply driver details.
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But you are also telling us that their letters were coming back undeliverable and no person known at this address. Why was that? What address was replying with that information to them. Did you see your friend return their copy?
In general, once liability has been passed the police will usually take things up with the nominated person. They may well come back to you upon no reply which we have seen come up here before, but other than reiterating the address you issued (your friend issued) is correct, I'm not sure how they can be in the position to say you did not comply with their request. And this is where it stops being straight-forward..
You have replied, they have acknowledged that but they now believe that the address you supplied did not comply with their request. Your friend filled in his details. Your friend said he replied. The Police say the only reply they had was to say no one of that name at that address. What proof do you have that your friend complied with his request and didn't play silly buggers and followed some MITP advice of 'reply with not known mate'?
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There is no relationship he is a friend. The address is real. He took out one day online insurance. As I have stated the first letter for details came to me because I was RK and I filed it in and sent it which the police confirmed that they got this. Then the named driver received the form through post and he duly filled it out and returned it accepting liability but the police saying nothing has been received.
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What more can I do ?
You can give us some more background info.
I duly filed in the named driver details and returned it
the driver completed the form in front of me (I made sure)
Which one is it? Who posted it? Did they get proof of postage?
Did you have the opportunity to submit the driver details online?
What address are the police writing to that is getting returned to them? Have they stated what they have on record? You said that the nominated driver replied to their own notice, however that seems to contradict what the Police are saying. Did they contact you again to say they had issues with the supplied postal address and ask you to resubmit details?
When you watched the driver complete the form, did they put their correct address in? What relationship are they to you? Were they insured on the vehicle?
Normally, the nominated driver would be the one facing a charge of failure to supply but in this case, if the police have checked the address and found it does not exist it would suggest they think there are shenanigans afoot. Would which beg the question, if the address doesn't exist, how did the nominated driver receive a notice to reply to?
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Unfortunately not. I should have.but the police did send me a letter stating that the named driver is not responding means. Which means they got my original filled out form. I will double check for any copies
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Did the driver (or you) keep a copy of what was sent back?
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Hi all. I received a speeding fine from police as Rk. I duly filed in the named driver details and returned it. I am being taken to court for failure to supply named driver details but the driver completed the form in front of me (I made sure). But the police saying that they letters are coming back undeliverable and no such person at address but he has replied to them(have they lost it in post?). Please help. What more can I do ?