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Messages - Adamdidnotspeed

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1
That is interesting. Do they not give you the chance to name the driver on the original pcn?

Do I stand a chance with the Te7 and Te9?

2
Hello

Edit: I don't have the notice but the ref is FD28195844 and the regs is SE12NKZ. Sheffield City Council.

I have another post where I am going to have to accept a s.172 charge now I have found out about a Penalty Charge for being in a bus lane. I was not the driver and the V5C was not updated correctly.

I moved to Australia and my father took my car and he told me he would update the log book and I trusted him. The house it was registered to was sold and then he lent the car to his friend.

This charge is from December last year. I was not in the country then.

Bristow & Sutor want £425, which is so much.

I am submitting a Te7 and Te9 that I did not receive the original PCN. I am not sure what my chances are on this.
 
I have a signed witness statement from the driver saying he was the sole driver on that date. Should I include that when I send the Te7 and Te9?

As a side note, there are also a bunch of private parking tickets coming through, plus the mentioned speeding charge, so these last few weeks have been very stressful and costly.

I am sorry my etiquette is not right, I don't post on boards like this very much.

3
I would argue that my case is not exactly like Whiteside vs DPP but I could be wrong.

1. The nature of my absence is different - Frequently absent abroad vs Permanently resident abroad
2. It was sent to their address vs my father's former address, which was sold 10 months previously (from the date of offence) – This is relevant to the question “If a written notice posted to a defendant's address was not actually received by the defendant, can it still be considered properly served for the purposes of section 172(2)(a)?” as it was not sent to my address
3. It was their vehicle and they were responsible for it vs it's my father's vehicle and he took responsibility for it 20 months ago.
4. I was unaware I was still the registered keeper and I was unaware of the status of the car 
5. Upon discovery, I took positive, demonstrable steps (set up mail redirection,  immediately investigated to identify the driver, obtained signed witness statements and will proactively provide all this information to the police)

4
Oh man. This is really not what I wanted to hear.

My worse fear is that there might be another fine that I have not received yet. Is there anyway to find out if there are NIP I don't know about?

5
Also, my visa situation in Australia is still pending. I applied for a partner visa in December last year and am currently on a bridging visa. As this will be a criminal conviction that could have an impact with that.

6
Quote
"There is also a question of whether an English conviction will be of any concern to you as an Aussie."

I might plan to return to the UK in 2 or 3 years. So would prefer not to have the conviction on my record.

I don't earn very much, have no points and have never owned a car, so if the only penalty is 6 points and a fine, it might be worth taking it but if I come back in 2 years and decide to get a car I have read that my insurance premium will be much higher. Is this true?

7
Sorry. That was a Typo. I did not receive the NIP in July. I received the single justice procedure notice in August because of a redirect I set up in July. Well, I didn't receive it, my father did and I gave him permission to open my post. 

Because I did not update the address, I am certain to get convicted? Your suggestion would be to plead guilty? Take 6 points and a fine and move on?

I was out of the country for over a year when the offence took place and had no knowledge of what was happening with the car. My father took full responsibility for it. I assumed he had changed the registered keeper.

If I were not in the country during when the NIP was issued and after, would that not be "not reasonably practicable to provide the information?"

If my father was to admit that he took responsibility of the car and changing the registered keeper would that work? Or is it my responsibility as the registered keeper?

If the driver were to admit to and accept the speeding, could I potentially get them to drop the failing to identify the driver? How would I go about that?

Thanks

8
Hi

I have received a single justice procedure notice for speeding (40 in a 30) and failing to identify the driver from West Midlands police. 

I was down as the registered keeper but I was not the driver.

The car belongs to my father and while I was using it, it was registered to me. I moved abroad in December 23, and my father took possession of the car. I thought he was going to sell the car once he had finished some renovations (its a small van).

The address it was registered to was my father's property but it was in my name. He sold it in May 24 and did not update the log book.

He then loaned the car to a friend of his, I was not involved or aware of this arrangement. His friend got caught speeding by a camera in February this year. Nobody received the notice as it was sent to the old, sold house.

I set up redirection of mail from the old address in July because of a parking ticket we found out about (from the same friend). That is when I received the *SJPN in August*.

I am putting together my case. My father has signed a witness statement detailing the situation and the driver has signed one admitting to being the sole driver at the time. I have evidence that I am now a permanent resident in Australia.

I would really appreciate some advice.

I have been told I can plead not guilty to the charges, then send the prosecutor the evidence in the hope that they drop the case. Is this a good route to go down?

If so, what contact can I use for West Midlands Police to send the evidence to? Do I have to post it or can I email it to centralticketoffice@west-midlands.police.uk?

Can I or my father get in trouble for not updating the logbook (it is updated correctly now)? Can I still be found guilty of the failing to identify charge even though I didn't receive the original notice?

Any advice will be much appreciated, as I am in a bit of a panic here.

Many thanks.

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