Author Topic: Charged for another drivers offence  (Read 697 times)

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Charged for another drivers offence
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Hey,

I have a vehicle registered to my name which is driven by a hirer. Yesterday I received a Single Justice Procedure notice for an offence (speeding 58mph in 50mph zone) and then also not passing details of the driver. I have had family issues and not been staying at my home address but been living at my partners for the past 6-8 months. During this time I had no idea that I had received the NIPs during the post as when I went home to collect post once or twice a month, I never saw these letters (I had other letters that had been going missing too).

Anyway what do I do? Can I please get some pro-bono advice on how to proceed? I assume I plead not guilty, however how do I argue my side? What has been others experience with similar situations.

Also - my hirer who was the driver at the time of the initial speeding offence has already admitted it was him and is ready for me to pass his details however it seems now the police aren't interested in delivering justice to the actual criminal but trying to criminalise me for his crime and because I never replied to a letter.

Thank you in advance.

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Re: Charged for another drivers offence
« Reply #1 on: »
The police will not be interested in “delivering justice to the actual criminal” for the simple reason that they don’t know who it is. It was your duty to tell them.

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“… but trying to criminalise me for his crime and because I never replied to a letter.

They are not criminalising you for his crime. They are charging you with the one you committed - specifically  “failing to provide driver’s details.” This is an offence under Section 172 of the Road Traffic Act. On conviction, it carries a hefty fine, six points and an insurance-crippling endorsement code which will see your premiums increased considerably for up to five years.

Unfortunately your only option, apart from pleading guilty, is to defend the charge on the basis that it was not reasonably possible for you to reply because you did not receive the request.

Your explanation for that does not sound too convincing. You may not have seen the request, but it was deemed “served” on you two days after posting. The police will undoubtedly be able to prove when they posted it, leaving you to prove to the court’s satisfaction that it did not arrive.

From the brief explanation you have given here, I don't rate your chances of success too highly. Do you have any evidence of a general problem with the post at your home address which might support your claim that the request was not received?
« Last Edit: June 03, 2025, 11:52:52 am by NewJudge »

Re: Charged for another drivers offence
« Reply #2 on: »
As NewJudge says, you really aren't being criminalised for his offence.

From what you say, he did commit the speeding offence but that is history now.

Your legal obligation was to answer the police and let them know that he was driving - but you didn't.

Failing to provide that information is a significantly bigger offence than the one the hirer committed.  Again, from what you say, this second offence you did commit.

The fact that you have not been staying at the address where you registered the vehicle and made inadequate arrangements for notifications to reach you is not the fault of the 'hirer' or the police.

It is hard to see a valid defence here.  The blame-the-post argument is incredibly weak under the circumstances.