Show Posts - Whattoplead

Quote from: NewJudge on 20 Oct, 2024 10:31QuoteI'm assuming this means I can just plead not guilty to the first charge of withholding the identity of the driver but guilty to the speeding charge?Yes, that's the way to go.Unfortunately different areas adopt different procedures, which makes it difficult to give consistent advice.To be honest, the method you have been offered is far more sensible in most cases. The problem is, if you are not specifically told the offences are "in the alternative" and you plead guilty to speeding (which would not succeed without a guilty plea), there is a danger (admittedly a small one) that the court will then continue with the other charge and you do not have much by way of a defence to it. That's the reason why we usually make the recommendation as I did.But not to worry - the method you have been offered seems fine.Thank you so much for taking the time to confirm and for all of the advice I'll be sure to fill in the form and send it off tomorrow. The whole thing blindsided me so badly that it took me almost a week to actually read the whole form, not helpful but at least I had the time. I'm assuming you guys have dealt with enough of these that an update won't be necessary, if anyone is curious in a few weeks I'll be happy to get back to you.Lovely forum, you all helped more than you realise. Thank you xx

I don't have a 'mitigating circumstances section' And on the last page the form says that the offences are 'laid in the alternative'. It says that 'this means if you choose to plead 'Guilty' to one offence and 'Not guilty' to the other the magistrates will only adjudicate on the offence to which you have pleaded 'Guilty' and the offence you pleaded 'Not guilty' to will be withdrawn.'I'm assuming this means I can just plead not guilty to the first charge of withholding the identity of the driver but guilty to the speeding charge?Also, you guys are brilliant, thank you I really was at a complete loss.

Quote from: andy_foster on 19 Oct, 2024 16:14If the OP's ex, the OP's children and the OP all give credible evidence to the effect that *all* post addressed to the OP was handed to her, and that there was no NIP or reminder received, then she will be able to rebut the presumption of service.The speeding charge is of no relevance unless she opts to do a deal. Similarly the evidence or lack thereof is irrelevant either way. Either the OP does the deal, in which case no evidence is needed of the speeding offence, or she defends the s. 172, in which case the speeding charge will go nowhere because they have no evidence that she was the driver.Meanwhile, back in the real world, the OP moved house without updating the address on the V5C, and [claims that she] didn't receive the NIP. The court are somewhat unlikely to accept that it must have been lost in the post en-route to the previous address, rather than either lost after being served (delivered to the last known address), or not lost at all.The choice is either to defend the s. 172 charge, or do the deal and take the hit for the speeding.I can see that these are my only two options, so which one is the least risky option to take? (I get a little bit of anxiety and in all honesty I just want it all done and dusted with minimal charges please) I'm not looking to be a hero or prove the justice system wrong etc, I just want to do the smartest option. I've never had any kind of letter like this or had to deal with the courts before. Thank you to everyone who's replied.

Quote from: mickR on 19 Oct, 2024 15:50Quote from: ManxTom on 19 Oct, 2024 14:59Quote from: Whattoplead on 19 Oct, 2024 14:52Yes it wasSo that's why you didn't receive any previous notifications - you hadn't updated your address in January when you should have done...I think what the OP is saying, despite receiving all mail from their previous address (where the V5 was originally registered) she did not receive anything prior to the SJPNThank you, that is what I was trying to say

But wouldn't they have gone to my old address? I still get my mail from there because my ex husband lives there and my children visit 2-3 times a week. They always bring any mail I have home.

Yes it was

Hello, yes to both, I moved in January and just updated my v5 at the beginning of the week (receiving the SJP triggered me to do this). I have received my new V5 and driving licence with the updated address too.The SJP was sent to my new address and old address (my ex lives there and dropped off the letter to me). Both letters have the same date.

Hello,Apologies if I make any post errors, this is my first time using this forum. I received a single justice procedure on the 10th of October. I have been unsure on how to respond. I am being accused of speeding in a city that I do not live in. I was there and I was the driver but I can't recall the incident (I was apparently doing 57 on the motorway where the limit had been changed to 50)I received no notifications or letters prior to this one. I'm being charged with two criminal offences, the first one is failing to provide information relating to the identification of the driver (as I said, I received no letters prior to this one so I had no idea this was coming) And the second offence is the speeding which is dated as the 14/04/2024. This letter is dated as the 10/10, isn't that too late?There are no pictures, I'm not sure whether they have more evidence. I am being asked to fill in a form where I select either guilty or not guilty to both offences. I really don't know how I'm meant to fill it in. I don't see how I can be guilty of the first offence when I had no previous letters and of the second one, although I was there at the time I really have no recollection of speeding, especially with being on a motorway, I can't remember where exactly it was and what the limit or signage was there at the time. Any help would be really apprecaited. Thanks