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Messages - reeceg03

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 26, 2024, 10:52:16 am »
Quote from: andy_foster on July 26, 2024, 10:36:30 am
Proceedings have to be instigated within 6 months of the commission of the offence. They are instigated when a Written Charge and SJPN are issued.

You initially claimed to have received the NIP on 26/11/2023. Now that is the date of the speeding offence. The s. 172 offence would have been committed 27 days after the date of service of the NIP.

But considering the offence was 26/11/2023, 28 days later would still be in december. The SJPN issue date is 22/06/2024 which is longer than 6 months, so surely based on that both charges have timed out?

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 26, 2024, 10:50:30 am »
Quote from: BertB on July 26, 2024, 10:31:30 am
Just for clarity and to get round this use of 'we' for all what has happened.

The first NIP was issued in your dad's name and he responded naming you as the driver?
Did you receive your own form to complete?

You cannot do the deal to accept the speeding charge. To do so would on the surface look like an attempt to PCOJ. So as it stands you could attempt to defend the FTF charge on the basis of all due diligence exercised at the time failed to reveal the driver. However eventually naming a driver 2 months later who had previously named you doesn't look good.

The car is registered in my name, i received the NIP.
Although all letters are sent from my Dad on my behalf, and i myself never responded even though i am the registered keeper. He was going back and forth with the police at the time. I understand i should have replied and i left it to him which is irresponsible but i thought he would handle it.

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 26, 2024, 10:27:13 am »
I understand, it’s too late to ID the driver. But surely they wouldn’t have even started the charge for speeding if it was 6 months ago?

Does the same Failure to ID charge not have to be prosecuted within 6 months also?

considering the offence was 26/11/2023, and i only received the single justice procedure on 22/06/2024 is that not too late also? But they have 100% took us to court for both offences which surely both should be timed out?

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 26, 2024, 10:01:46 am »
Thanks for your replies here, just to clarify - we checked bank statements, text messages, work emails to try and figure out who the driver was at the time.

At that current time, we had no reason to ask my Mother as she doesn’t even have a license so wasn’t anything to do with the 3 of us in that situation.

Bank transactions shown nothing on that day as cash must have been used, and no text messages took place between the time of offence. My mother remembers after we asked her after the 28 days, due to the fact she remembered him going to get food at that time, due to it being in the fridge after a month and she remembered, seems very coincidentally i know but that’s the honest truth. Just to add, i did send the police emails around 2 months ago when i received the Single justice procedure stating my dad was the driver, but they did say it was in the courts hands to deal with now.

I understand he’s thrown me under the bus here, and i can’t really say he’s done that as he will get done for much worse. But i was hoping there would be an option where i can nominate him as the driver in court and get him to plead guilty for speeding for that charge, and they drop the Failure to ID charge. Is this a possibility potentially? They have definitely issued the charge for speeding, so i don’t believe it is timed out. Is it a possibility they will just take the prosecution for speeding on him and drop the failure to ID?

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 26, 2024, 02:04:30 am »
Just to add to the above also, we responded to the NIP, asked for pictures, they were unclear.
Stated we would try our best to find out who the driver was at the time.

I also have emails with the police from 2 months ago, after i received the Single justice procedure asking if they had received my letter which they stated they hadn’t, but i do have emails from 2 months ago stating i had sent it, so it’s not as if it’s just a defence i’ve made up recently trying to get out of it etc.

All 3 drivers on the policy have 0 points, and all would have been offered a course, including myself who holds a full license, not the new driver one within 2 years, so we had no reason to lie about the driver, we just genuinely didn’t want to give false information.

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 26, 2024, 02:00:13 am »
Hi All,

Just to add to the replies, i am the registered keeper, not my dad.

He was just responding on my behalf, i know it’s my responsibility to respond, but he said he knew what he was doing so i left it to him, the letters even have his name on.

I do want to avoid throwing my dad under the bus for perverting the course of justice even though that is what he did.

But considering i wasn’t the one driving, i can’t really make a plea for the section 172 offence and i don’t have a defence for that?

We did respond to it, well not me. But my Dad did, with letters signed for by him. And we did actually check bank statements/texts etc. The only thing we didn’t do is ask my mother, but at the time i believe we had no reason to since she wasn’t one of the 3 drivers on the policy and she doesn’t even have a license so didn’t even give it a thought, which i know in hindsight i should have, but it’s too late for that. The letters were addressed to me, but it’s my dad who responded to them, not me.

I guess the whole conviction would revolve around as to if they think not asking my mother in regards to the whole incident is not having due diligence?

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 25, 2024, 09:07:23 pm »
In all honesty, my father admitted after the fact he knew all along, the letters we responded to the NIP with were in his name not mine, i genuinely had no idea it was me.

I understand if he owns up to lying he will most likely get done for perverting the course of justice, but i was wondering if there was any better way to go about it?

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Speeding and other criminal offences / Re: Speeding, Failure to ID advice
« on: July 25, 2024, 07:28:27 pm »
Thanks for your reply, and i understand about the 6 months having passed. Although from what i see from a bunch of other forums, if you plead guilty to speeding they will drop the failure to ID.

I assume we cannot take the speeding charge, so the only option is to defend the Failure to ID charge?

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Speeding and other criminal offences / Speeding, Failure to ID advice
« on: July 25, 2024, 07:07:35 pm »
Failure to ID Driver and speeding

Hi,

So, i’m very inexperienced in this situation, and looking for some advice.

Basically 26/11/2023, i received an NIP for speeding 36mph in 30 in england. We replied to the NIP asking for pictures and it still wasn’t clear who the driver was, which there were 3 people at the time on the insurance so it could have been any of us. At the time we checked bank records, any potential emails and texts to see if we could figure out who the driver was to no luck.

a couple months later (after the 28 day NIP response time) we figured out who the driver was, being my father and he will admit to the speeding, with my Mother stating that she remembers him using the car at that point. Initially, we had no reason to ask her as she was not a named driver on my car, it was only me, my dad and my sister. So didn’t have too much reason to ask her.

After this point, i sent a letter of the police owning up to my father admitting he was driving and will happily provide a statement.

21/06/2024, i have now got another letter - single justice procedure asking to plead guilty or not guilty to both charges, which i plead not guilty to, seems like they didn’t receive my letter of admitting it was my dad, but i had heard nothing for months so assumed it was dealt with.

As of today, i have now got a hearing for August 8th on my case, my dad is still willing and happy to admit he was the driver at the time of the alleged offence, so the speeding charge should be fine and that will be him prosecuted for that. Although, the failure to ID charge, will this be dropped or how can i go about this?

*Edit* Just to add, all 3 drivers have 0 points and would have been offered a course on this, i understand speeding is wrong regardless, but we had no reason to hide/not identify the driver on purpose since it would have been a lesser punishment. It also says it’s a hearing before a full magistrate’s court if that makes it any different?

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