3. Declared driver
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Anon

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Re: Declared driver
« Reply #15 on: March 09, 2025, 01:57:32 pm »
Yes to all questions asked. That’s why I am confused as to why they are perusing me and are prosecuting me.and if they got some eveidence should it not be in their proof that they sent me. should i reply with why they are waisting my time and the long journey i have to make for court appearance and maggistrates time.
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BertB

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Re: Declared driver
« Reply #16 on: March 10, 2025, 02:56:01 pm »
Can you post redacted images of the charge sheet and this evidence that the police received replies from both you and the declared driver but that they did not respond to 'a second letter'. It would be good to know what they are actually titling this 'second letter' as.

Any further correspondence sent after nominations are accepted is usually in the form of an offer of a safety course and/or COFP. If this was sent, it would suggest the Police accepted the nomination. Failure to respond to this would see your friend prosecuted for the speeding offence via a SJPN. No other logical scenario plays out any different. So there is something you are not sharing with us which may be relevant to understanding this.

On the face of it, I do not see what the Police can prosecute you with that would be successful. Unless your friend doesn't exist and you are seeing if the story of this refusing to attend as a witness friend sounds plausible to us? The police know this and that is why they have circled back to you with a FTF charge.

If that is the case, I wouldn't be wanting to test a NG plea.
« Last Edit: March 10, 2025, 04:15:11 pm by BertB »
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Anon

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Re: Declared driver
« Reply #17 on: March 10, 2025, 04:28:09 pm »
As I have said before I am also very confused as to why they are taking me to court. I have confirmation from police own statements showing my reply to giving the driver details and also police response to the named driver also replying to admiting guilt. The named driver then did not respond to the following request of an offer of points or driving course. These were returned “addressee gone away”. I also did a sar request for photographic evidence via the email and a respond was given via my email that it was denied because it was a court matter now and they could not provide this information.
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NewJudge

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Re: Declared driver
« Reply #18 on: March 10, 2025, 04:53:40 pm »
Quote
I also did a sar request for photographic evidence...

Why would you be interested in evidence to support the speeding offence when you were not driving?

From what you say, you simply need to plead not guilty. The evidence that the police have provided seems to prove that you responded and that the person you named responded to their own NIP/request for driver's details:

Quote
...and also the police have confirmed the reply from the driver that he was driving.

If that is correct then you are out of the frame and I cannot imagine why the police are prosecuting you..
« Last Edit: March 10, 2025, 04:55:44 pm by NewJudge »
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BertB

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Re: Declared driver
« Reply #19 on: March 10, 2025, 04:59:51 pm »
Yes, but are you confused as to why the police haven't accepted your story, or because everything you have told us is bang on the money and the Police has decided to attempt what appears on the surface, a prosecution that seems to be too short of evidence to succeed?

You say the offer of a course was replied to as 'recipient gone away' as opposed to earlier when you said it was 'not known at this address'.

Is the 'driver has gone back to their home country card' being attempted here? Presumably you are in contact with your friend still as you had an argument about you receiving a SJPN. Are they still at the address they gave on their nomination?

I would plead not guilty. It sounds as though there is very little evidence to support a failure to furnish charge on you, plus you weren't the one speeding.
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disgruntchelt

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Re: Declared driver
« Reply #20 on: March 10, 2025, 05:12:23 pm »
Unless it’s a cockup on their part, I imagine their case is you named someone who doesn’t exist, although if that is their case they are effectively accusing you of PCOJ, so why not prosecute you for that?

Without checking is this the thread where your ex mate filled in your S172 and you sent it off? If so perhaps the same handwriting has lead them to the conclusion that nefarious shenanigans are a foot.

It can’t hurt to start gathering evidence of your ex mate’s existence. Screen shot of your text conversations and Do you have a copy of the one day insurance policy?
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Anon

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Re: Declared driver
« Reply #21 on: March 10, 2025, 05:13:06 pm »
Yes he is still at same addresses. The offer letter was sent back marked by postman as “addressee gone away”. I don’t know why it couldn’t be delivered. But he is definitely still here. I applied for the photographic evidence on my car registration was because I was being nosey and wanted to try out a sar request.
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disgruntchelt

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Re: Declared driver
« Reply #22 on: March 10, 2025, 08:08:44 pm »
You might have missed my reply 1 minute before your last post, but I think you should be gathering evidence that your mate exists.

Will he at least give you a copy of his driving licence if he won’t attend as a witness. 

Also what is the date of the speeding offence, If it is more than 6 months ago your mate can happily give evidence knowing he can’t be prosecuted, that might make him more likely to help.
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  3. Declared driver