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Messages - Just234

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My initial starting point of this thread was obviously way past the point of the due diligence I’d tried to do to identify the driver so that was the reason for not putting point by point info in that regard.
As no location or north or south bound info given it made it difficult to identify where along the journey it was.
Journey starts and Driver gets to a destination along the route, exits the vehicle and one of the other passengers then drives. Therefore Different points along the route would be different driver. (That is where the importance of the whereabouts comes in) and then Different drivers different days on the same journey.
Remembering who it was is exacerbated by the fact that this journey is done multiple times a day every day so using this analogy of this scenario you and your wife put the bins out, randomly one does it randomly the other and there is no diary as to which bin which day you do this week in week out, it’s a repeat of mundane thing you do all the time, can you recall who put the bins out 6weeks ago?

But this thread started out as a question over video evidence which I still don’t understand why the police withhold such information and I thought that is what disclosure requests were for.…









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Re ‘As I said in an earlier post, there is a statutory defence to the FtP charge.

What is the statutory defence?

Re ‘However, you don’t seem to have done much at all in an effort to identify who was driving other than to ask the police for more evidence’

And how do you get to the conclusion that I have not done much at all to identify the driver?
Mobile data doesn’t prove one way or the other.
After trying to work out where we all were on that day and all movements, with the little information they had provided it was a last resort was to ask for images and video as they had not given any specifics of where on the road or which direction at this point.




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Ok so no phone calls were made or received within that timeframe as for data used the records show times of 00.31 9.31 or 15.31 then a repeat of 00.57 10.57 for a few days and then it changes to .58 etc etc obviously im not using my phone at those exact minutes every time so doesn’t prove or disprove usage. Other drivers are on the same network so data usage recorded on the bill in the same way just different repeated times.

Ok so my mistake and obvious mistrust in policing is that I felt they would try to catch me out by sending a picture that didn’t identify any driver but you are saying in fact would have been the best picture they had.
 I didn’t realise I’d be accused of failing to identify when I was actually trying to identify by asking to see the video.
I thought it would be a case of asking to see the video once the process had started and then being able to identify the driver and plead either way.

But we genuinely didn’t know who was driving at that point with the little they gave us. They didn’t even say where on a 3 mile stretch of road. I couldn’t even tell whether it was north or south bound journey.

How does the court process work? Do I submit witness statements? Do I provide all phone records?but if its only about the failure to identify these would no longer be relevant …. and I have very little to argue then other than what I thought I was doing was trying to carry on the process to be able to see the video to identify the driver…..  Do I get to speak to prosecution prior? Would they be open to discuss? I’ve totally not understood this procedure at all.

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Thankyou

The road they said the offence occurred is a route we take every day often 4-6 times a day for pickups/ drop offs kids and work appointments, not the same person driving all of the journey, that is what made it difficult identifying the driver on this particular route.

What would be classed as enough due diligence to find out the driver at the time of the offence?
I don’t know how I’d prove who was driving at that point if I can’t see who was in the driving seat as we made 3 trips along that route within minutes. There was a lack of information provided in there was no location given on a 3 mile stretch of road made it also difficult to pinpoint.


I was so worried initially that me admitting to driving and them having video evidence which could have possibly showed it wasnt me would get me in trouble.
That’s why I asked for the video which they won’t give me.


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So I received a notice requesting driver details saying my vehicle had been recorded by another road user with the driver using their mobile phone.
I requested the video as without them I couldn’t identify the driver, they sent still images taken from the video but because of the angle they were taken it was a partial hand and phone only visible.
I sent an email saying I couldn’t see who the driver was from the images and they said they would transfer my case to magistrates court.
I received the SJPN notice last week with the statement from the other road user that recorded my vehicle, no description of the driver, and I’ve asked for the video evidence to enable me to make a plea.
They have refused.
What happens now?
I’ve obviously got to make a plea - and they’ve put not disclosing driver details as well as the using mobile device charge.
Any help is much appreciated

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Just an update so far. I submitted my paperwork to the SJP office and waited for it to be assigned to a court. I spoke to the court direct and they made an appointment to appear in court for a statuary declaration.
I requested it expedited due to the ban and they were very helpful and gave me a date within 2 weeks.
I attended and made the declaration that I was unaware of the proceedings along with my paperwork showing postal issues and they have re opened the case.
I have a date set for March next year and any points and resulting totting up ban has been wiped off my record.
Very grateful for everyone’s help and input

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Many thanks that info is much appreciated

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The written charge.


Should I have received a ‘written charge’ in the post?
I’m just trying to work out which document a written charge is. And to clarify which date I need to be aware of.
 I have no document with the name ‘written charge’ on it. I have a ‘police report:section s172 offence’ and a postal requisition. Is either of them the written charge? Both of these are dated 11/12/2023

On the police report within the witness statement section it states
‘on 22/11/2023 I checked the FPU system ….. absence of record or reply no reply recieved’
‘A requisition was issued.’

But that requisition is not dated until 11/12/2023


And to confuse me even more it says in the SJPN dated 16/01/2024 (which I gather is not the ‘written charge’) it says charge date is 10/01/2024

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https://www.legislation.gov.uk/id/ukpga/1980/43


That link isn’t really that helpful unfortunately as it in no way relates to what I was trying to get you to explain from your words in your post.
If you do have the time please can you let me know what is the necessary paperwork that must be issued within 6 months of the alleged offence.

Or if anyone else can help with that question it would be much appreciated.

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Thankyou

When you say
‘This is done when the necessary documents were issued.’
What are the necessary documents?

Please can you expand on which documents and dates you see as conflicting.

And you say ‘contact the prosecution’
Are you saying I contact the court prior to completing the online form I’ve been instructed to do or is this something I ask later down the line.


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Quote
The court ruled that, providing there was no reason to make a subsequent request (because, for example, the police had been given a wrong address for the keeper) the first request determines the date by which proceedings must be taken.

Quote
So you actually have details of the NIP and s172 request which was sent to you including when was it dated?


Perfect
I am the registered keeper and the bundle of paperwork I’ve been provided by the court has my correct address and has the date of the NIP sent on the 12/04/2023

When you say proceedings must begin - I have a document ‘postal requisition’ which is dated 11/12/2023
Then I have a SJPN with a postal date of 16/01/2024 and written on there underneath the FtF is charge date of 10/01/2024

So what date and what document means ‘proceedings have begun’





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The failure to furnish is also a far more serious offence with 6 points minimum penalty.  You basically have to decide whether you want to pursue the fail  to furnish which is possible but often fraught with difficulties, or following the stat dec and re prosecution of both offences, do a plea bargain to accept the speeding charge if the FtF is dropped.  They nearly always oblige.

Thankyou

The SJPN has only the failure to furnish charge on it.
Not the speeding offence which it refers to.
Does that make any difference in the options you have outlined above?

The reason I was asking about the timescales is because I thought the speeding offence hasn’t been added because it is out of time.
If that is the case then there is question over the timescales for the FtF offence and whether that is also out of time.

Everywhere I’ve read there is no definite on when the 6 months timescales start and end.
Does it start with the first s172 request +29 days
Or depending on how many letters they send out they can pick at date off one of them?
It’s seems having read a few other instances that it’s normally the first - if I’ve been sent another letter and they’ve chosen that date to use isn’t that just them stretching the timescales in an effort to enable a charge saying that the speeding charge is out of time.

Then there is no info on where the 6 month timescale ends.
Is it that the SJPN has to be sent before the 6month deadline?

I know I’m probably clutching at straws but I do have solicitors letter regarding the mail going missing at the property dated around the same time period, so I do think I stand a good chance of arguing the not received.

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Thankyou
So am I right in thinking that that then means the the offence being committed in May, the Postal requisition dated 11/12/23 is outside of the 6 month window?

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For an offence committed on 29/08/23 they have until the following February to commence pro, so they were well in time in January.

This is what I’m trying to work out - if I was caught speeding 04/23 then given 28 days to respond my failure to respond offence would be on the 29th day so 05/23

Why have they then recorded my failure to respond offence as 08/23 ?


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The S172 request for information was sent 12/04/23

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