Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Waqas on September 30, 2025, 01:51:04 pm
-
Good result. Thanks for letting us know.
-
Thanks all for your valueable comments, in the end. I did not manage to see the prosecutor before the hearing- I was told it wont be possible. But some admin person/ clerk met me before the hearing. She said if you pled guilty for speeding then second offense will automatically drop and thats exaclty what happened. Judge dropped the second charge after pleading guilty for speeding. I was given 3 points on liscense and 250£ fine.
-
Yes, just turn up early and ask the Usher to direct you to the prosecutor.
Ushers are generally easy to identify because they are normally the only ones wearing robes.
If it is a large 'combined court' then you can always ask security to direct you to an Usher.
-
Thanks very much for your clear explanation, it’s really helpful.
I don’t have much (or really any) experience with court, so I’m not entirely sure how I actually go about engaging with the prosecutor before the hearing. Do I approach them on the day at court, or is there a more formal process? Any guidance on how I should start that conversation would be greatly appreciated.
-
So what should I say in the court?
It is my view that you do not have a viable defence to the FtP charge.
You need to concentrate on getting the prosecutor to drop that charge. It would be a fairly simple matter had you not already pleaded guilty to speeding. But you are where you are.
You need to engage with the prosecutor before you are called into court and try to negotiate as I suggested in my post on 30/9 at 4:02pm.
-
So what should I say in the court?
-
Thanks for the useful discussion above.
I have a few more questions — mainly about whether I can raise the following points in my defence/mitigation at the hearing. I also have written proof to support each of these points below:
1. I have a history of co-operating in the past — for a previous speeding ticket I responded straight away and attended the speed awareness course.
2. Ongoing health issues in my family — my wife had an operation the same month.
3. Generally a clean driving history — apart from these two speeding matters, I have no other speeding offences in 12 years (since got the liscense).
4. I work full time as a doctor with a very busy schedule and often move house. I genuinely forgot to update my V5C after moving this time, I have learnt from this and will be careful in future .
Also, a couple of practical questions:
Can I actually read my written defence in court (rather than relying on memory, and talking), as for sure I’ll be quite nervous speaking?
Just to double check — once you’ve pleaded guilty to one offence, there’s no option to change that plea later, is there? Apologies if that’s a daft question, and apologies for my ignorance.
1. Is no more than is expected of you.
2. Is irrelevant.
3. Is irrelevant: you're defending a "a fail to furnish", not a driving offence
4. Very poor excuse.
Of course a bench of magistrates may take a different view, but I doubt it.
-
Shame they didn't put all the relevant information on the back of that page...
-
Thanks for the useful discussion above.
I have a few more questions — mainly about whether I can raise the following points in my defence/mitigation at the hearing. I also have written proof to support each of these points below:
1. I have a history of co-operating in the past — for a previous speeding ticket I responded straight away and attended the speed awareness course.
2. Ongoing health issues in my family — my wife had an operation the same month.
3. Generally a clean driving history — apart from these two speeding matters, I have no other speeding offences in 12 years (since got the liscense).
4. I work full time as a doctor with a very busy schedule and often move house. I genuinely forgot to update my V5C after moving this time, I have learnt from this and will be careful in future .
Also, a couple of practical questions:
Can I actually read my written defence in court (rather than relying on memory, and talking), as for sure I’ll be quite nervous speaking?
Just to double check — once you’ve pleaded guilty to one offence, there’s no option to change that plea later, is there? Apologies if that’s a daft question, and apologies for my ignorance.
-
The court letter does not have much details on it "You are summonsed to attend the court sitting"- its for .... Magistrate court
I have attached the court letter link below.
https://ibb.co/Kxs7176d
-
Or the whole kit and kaboodle could have been remitted to the conventional court hearing. Who knows.
I think that is far more likely, Andy. Court admin staff see a "not guilty" box ticked and off it goes to the "NGAP" (Not Guilty Anticipated Plea) court.
-
Logically, the guilty plea to the speeding charge would have been entered, and the OP would have been convicted (and sentenced) under the SJP, and the s. 172 charge would have been remitted to a conventional court hearing. Probably.
Or the whole kit and kaboodle could have been remitted to the conventional court hearing. Who knows.
The OP has helpfully told us that he has "been told I have a court hearing next week". Not helpful in the sense of indicating where the case is at (with regards to the speeding charge), but more in the sense of determining whether or not I particularly care.
-
He's either got to defend the FtP charge or he hasn't (and hope that his "deal" will be accepted despite the guilty plea to speeding).
If he defends it I believe he will be unsuccessful. That's for no other reason than the truth will out (unless he wants to commit perjury) - and that is that it was more than two months since moving and he had not updated his V5C.
I think he needs to make this decision before approaching he prosecutor. Hinting that he has a defence to the FtP is a bit dangerous. The prosecutor would be quite entitled to say "let's go to trial then" and he'd be stymied. He's in this position because of his guilty plea to speeding and he needs to try to remedy that error with minimum risk.
-
OP said "offence was December 2024 and house move was in October 2024.", so "only just moved" would be stretching the truth a little.
Perhaps drop the only so it’s “just moved” so the op isn’t stretching quite so far
-
And when did you update the V5C?
I’d still be inclined to tell the prosecutor that my defence was I’d only just moved and due to the Christmas break my V5C hadn’t yet been updated.
You want them to drop the prosecution as you’ve plead guilty to speeding (unless you can change your plea) and hint that you have a defence against the FTF
OP said "offence was December 2024 and house move was in October 2024.", so "only just moved" would be stretching the truth a little.
-
And when did you update the V5C?
I’d still be inclined to tell the prosecutor that my defence was I’d only just moved and due to the Christmas break my V5C hadn’t yet been updated.
You want them to drop the prosecution as you’ve plead guilty to speeding (unless you can change your plea) and hint that you have a defence against the FTF
-
Thanks for that.
Just making sure neither was "out of time". And they are not.
-
Date of SJPN is 17/6/2025 and "Fail to provide" offence date is 3/2/2025, original speeding offence date was 27/12/24.
Thanks everyone for the replies.
-
What is the date of your SJPN and what is given as the date that the "Fail to provide" offence is said to have been committed?
-
Unfortunately offence was December 2024 and house move was in October 2024.
-
How long after moving was
A) the speeding offence
B) you updating the V5C
If either a was close to the speeding offence or b was close to a you can argue that you are not guilty of FTF as it wasn’t practical for you to do so as due the unfortunate timing of
A - you had just moved and the DVLA had yet to update the logbook when you committed the offence
B- you were in the process of updating your logbook after a recently moving and unfortunately the DVLA hadn’t processed it when the offence occurred
Hopefully this defence along with the prompt guilty plea for the speeding will put it in the “too much hassle” category for the prosecution
-
You should plead not guilty to both offences,...
Alas:
I pleaded not guilty to “failing to provide driver information” because I never received the original letter.
I pleaded guilty to the speeding offence
Unfortunately you are not really in position to undertake this deal. Your "leverage" was to offer to plead guilty to speeding but only on the condition that the FtP charge is dropped. You've already pleaded guilty to speeding and - theoretically at least - could face a penalty for that as well a trial for the FtP charge (against which you do not have a realistic defence).
However, most courts and prosecutors treat these two offences as alternatives and you may find that they operate it without you asking.
Some courts are now undertaking this "deal" under the Single Justice procedure with no attendance being necessary. Others still require your attendance. Yours is obviously the latter.
As they require your attendance to answer he NG plea you will have to attend and negotiate the deal as outlined above.
Your mitigation to the speeding offence is unlikely to have any effect on sentencing.
-
You should plead not guilty to both offences, on the basis that you will plead guilty to the speeding offence if the charge of failing to give information is dropped.
Many, many similar cases documented here.
Go to court and negotiate the deal.
You don’t want to receive 6 points for failing to give information, which may be easy to prove (basically your fault for not updating your V5C). You “want” 3 points for the speeding offence instead.
Pleading guilty now to the speeding offence removes your ability to negotiate. They will say “thanks, and now for the other charge”.
-
Hi everyone,
I could really use some advice and guidance about a situation I’ve found myself in.
When I moved to Leeds, I unfortunately drove at 36mph in a 30mph zone. A Notice of Intended Prosecution (NIP) was sent to my old address because I hadn’t yet updated my V5C (my mistake, I know). By the time I updated the V5C, the next letter reached my new address — this time it was a Single Justice Procedure Notice (SJPN).
The SJPN listed two offences:
Failing to give driver information
Speeding (36mph in a 30mph zone)
I filled in the form and sent it back:
I pleaded not guilty to “failing to provide driver information” because I never received the original letter.
I pleaded guilty to the speeding offence (I requested and received the camera calibration certificate and picture, so I accept that part).
I also included some background about my circumstances — I’m a full-time doctor with a very busy schedule, and at the same time my wife was undergoing treatment and had an operation. I realise this isn’t an excuse for speeding, but I hoped they might take my situation into account.
Now, I’ve been told I have a court hearing next week.
My questions are:
What should I expect at the hearing?
How should I present/respond when I’m there?
Has anyone else been through a similar process, and what was the outcome?
Also, I’ll be moving house shortly after the court hearing. What’s the correct way to update my address with the court so I don’t miss any future correspondence?
Any guidance, experiences, or tips would be really appreciated.
Thanks in advance!