Author Topic: Failure to provide documents charge - when no letters had been received apart for the outcome of the court session  (Read 1219 times)

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Over a year and a half ago, my lease car was supposedly caught doing 70 on the motorway when the variable speed was showing 60…

I received no correspondents at the time for the incident and then over 6 months later I received a letter in the post advising the outcome of a court hearing where the speeding offence was dismissed and instead I was charged with failure to provide my documents..

Originally I thought this was a scam so searched online and found the Single Justice Service details, contacted them and they confirmed it was indeed legitimate!!!

I was then peppered with letters to pay the fine of… wait for it!! over £1,000 and 6 points added to my clean licence…

The SJS advised me to raise all the relevant forms to contest/reopen the case but also advised me to pay the fine otherwise the chasing for payment may get more serious - so I filled out all the forms and paid the fine.

My first visit into court saw the speeding charge dropped due to no clear evidence of who was driving at the time and it being so long ago (both me and my wife drive the car) but had to return again for the failure to produce my documents (this was due to it being a police charge and not civil charge (or something like that) which the magistrate couldn’t handle there and then..

So then I returned to another/different court where the police charges are covered and this time they just had a piece of paper saying they sent the original letters on these dates and that was their evidence - they advised me I’d need to come back again for a full hearing and when I come back to bring my evidence of not receiving the letters!!! How do I do that??

So I’m back in court in a couple of weeks and really not sure what the outcome will be!

What’s the thoughts of people on here as to what the likely outcome will be? I’m currently assuming I’ll just get found guilty but it just seems so unfair - If I’d received anything around the speeding fine I would have just responded and confirmed who was driving at the time! Everyone keeps telling me it would have likely just been a speed awareness course!!!


Im in England in case that’s a key piece of info.. any help/advice appreciated

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The devil is often in the detail, and in this case, I would say that he took them to LA for all 6 seasons of "Lucifer" (TV show).

The offence you were convicted of is failing to provide information regarding the driver's identity, contrary to s. 172(3) RTA 1988. Nothing to do with failing to provide documents.

Also, there is no such thing as a civil charge (or in any meaningful sense a police charge). There are civil matters - which magistrates have very little involvement in, and criminal charges - all of which are heard (initially at least) in magistrates' courts. Speeding and s. 172 are both summary offences -
which means that they can only be heard in a magistrates' court (except on appeal or other more convoluted circumstances).

The normal process is that (alleged) speeding offence is recorded. NIP is sent to Registered Keeper with requirement under s. 172 to name driver. If RK was driver, and names himself offer of course or fixed penalty or SJPN for the alleged speeding offence issued to him (depending on alleged speed and limit). If he nominates another driver, NIP is sent to them, etc. until the driver receives NIP and names himself as driver and is issued offer of course or fixed penalty or SJPN for the speeding offence.

Where an s. 172 requirement (invariably included in the NIP) is properly posted to a person's last known address by first class post, it is deemed to have been served 2 working days later unless the contrary is proven. Once it is [deemed] served, the 27 days (28 days beginning with date of service) to provide the required information starts. Failure to provide the required information within the 27 days is an offence, subject to any applicable statutory defences - e.g. if it was not reasonably practicable to provide the information (which if the information was not provided because you were not aware of the requirement would include consideration of whether it would have been reasonably practicable to ensure that any such notice was brought to your attention - e.g. if the RK was working away from home for an extended period he might be expected to make arrangements for post to be forwarded or otherwise dealt with in his absence).

Ignoring all the gibberish, you have told us that it is a lease car, and presumably this means that you are not the RK. The first obvious question is what address the NIP you didn't receive was sent to. Was it sent to your current address? Was it sent to a previous address (and if so, did you update your address details with the relevant person)? Or was it sent to an "incorrect" address?
I am responsible for the accuracy of the information I post, not your ability to comprehend it.

To emphasise Andy's point, to get to the point where you have been convicted of the offence without your knowledge, quite a number of documents would have been sent to you. It is quite possible that the lease company provided either wrong or out-of-date details to the police, in which case none of them would have been delivered to you.

Your first port of call should be your lease company to establish what details they hold for you and what details they gave the police..

Thanks both for replying - initially it was sent to the lease company who have my correct details and provided that to the police.

The address they quoted as sending the letters to was my correct address.

So I’m assuming based on Andy’s feedback it’s very likely they will just accept the recorded date and address of the letters being sent as evidence that I received them.


How many documents are we talking about? At least the first s 172 notice to you, and the SJPN. Was a reminder a 172 notice sent to you? That’s at least two or three documents that have “gone missing” - how do you account for that?
I am not qualified to give legal advice in the UK. While I will do my best to help you, you should not rely on my advice as if it was given by a lawyer qualified in the UK.

Hi, yep that’s the situation - no letters received prior to the outcome of the court hearing. What can I say - if I didn’t get them I can’t respond. I would have rather received them all so I could have responded.

I’m expecting the hearing will go exactly as the questions you guys have asked and my response is still - I did not receive them, I do not know why and what else can I say..

Thanks all for taking the time to respond.

Of no help now, but if you should find yourself in his unfortunate situation again, the way to deal with it is to perform a Statutory Declaration (which I imagine you did somewhere along the line). This cancels your original conviction.

Then, provided you had been charged with both offences (speeding and fail to provide driver’s details) and provided you were the driver at the time, you should offer to plead guilty to speeding but only on the condition that the FtP charge is dropped.

This is the tried and tested way to deal with the situation and it is what you would have been advised to do had you come here when you first found out about your conviction.

As you will find out if you are convicted, the problem with the FtP endorsement (MS90) is that it will see your insurance premiums increased considerably for up o five years and is always best avoided where possible.

Did you check whether the lease company provided the police with your correct details?

Yes I checked and they had provided my details to the police.

That is a shame and I incorrectly assumed it would have been a straight forward review after submitting the Statutory Declaration but I get some people probably try to take advantage - I almost wish that was my situation, I could take it a bit easier then but I honestly didn’t receive anything so just feel really hard done by.

Update on this one - your advice saved me a tone of money and 3 points!

Luckily they had opened the actual speeding charge again for review with the failure to provide details…

I stated that I was concerned they would not believe me that I had not received the initial letters (which was 100% the truth) and that I would plead guilty to the speeding fine if the other charge was dropped.

I was hoping I could have done the speed awareness course but as it had progressed past the point of no return for that it wasn’t an option - I’ve had a clean licence nearly 30 years but the reduced fine was a huge relief.

So.. thank you!
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That's not to mention what your increased insurance premiums would have cost you with an MS90 endorsement.

Good result. Thanks for letting us know.