3. Requested to attend case management hearing
« previous next »
Pages: [1]

Author Topic: Requested to attend case management hearing  (Read 678 times)

0 Members and 299 Guests are viewing this topic.

Requested to attend case management hearing
« on: »
Hello

I and my girlfriend have been requested to attend a Case Management hearing at the Mags in January 2025 to answer the offence of:

Speeding - exceed 30mph. They assert the speed was 36mph.
Fail to give information relating to ID of driver.

Brief history, my vehicle registered to a lease co was captured doing 36mph in a 30 limit. Received NIP, responded with covering letter stating I am unable to ascertain who the driver is; either me or my girlfriend. Gave her details as possible driver on the NIP. Did not retain proof of postage.

Police then wrote to me 'raising the stakes' and enclosing another NIP. I filled this out with my girlfriend's details as the possible driver, with another cover letter. Did not retain proof of postage.

Police then wrote to me and my girlfriend, enclosing NIPs. We both filed and returned adding each other's details as possible driver. Send by post within same envelope. Did not retain proof of postage.

I seem to recall the police then sent another NIP to me, which I do not think I responded to. Will this be an offence, despite me having responded to the exact same NIP twice previously?

Our reasons for not being unable to identify the driver are the usual. Both on insurance. Cannot recall who driver was at that time despite exercising all reasonable means to do so (checking diaries, asking friends, checking messages between us on that day). Now received the summons to the Case Management hearing to answer these charges.

Letters to police were prepared on my work computer and so will have digital footprints for creating, editing and printing. I wish I had retained proof of postage.

I have 3 points (speeding 2023). My girlfriend has none. I am concerned that totting up points may lead to me somehow losing my license over this...

I am aware I should have taken advice before responding to the NIPs. Looking back it seems that we should have just put my girlfriend's name forward as the driver and taken the 3 points, which seems wholly unfair.

Please can someone provide me with advice in relation to:

Preparation for the Case Management Hearing; and
What kind of resolution this might be moving towards.

I am quite anxious about this as I need my license for work. I am really grateful for any help offered.

Thanks
Logged

Share on Bluesky Share on Facebook

Re: Requested to attend case management hearing
« Reply #1 on: »
The Case Management hearing is to resolve issues before your trials take place.

Principle among the issues will be to identify the reasons you are pleading not guilty. Unfortunately by naming your g/f as a possible (though not definite) driver you have unnecessarily dragged her into this matter and I am assuming that you have both been charged with “failing to provide the driver’s details (FtP).”

There is a statutory defence to the charge which says that a person shall not be convicted “….if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.”

Although there are occasional successes, it’s a tough hurdle to clear (if it was easy everybody would do it). But the onus will be on both of you to convince the court that you have exercised sufficient diligence,

Too late now, but the way to have dealt with this was to have either named one or other of you unequivocally or for just you to respond by saying you cannot identify the driver. At least that way only one of you would be on the hook. Providing an “either/or” option was almost bound to end in two lots of tears.

In normal circumstances there would be an opportunity for the person charged with FtP to offer to plead guilty to speeding on the condition that the FtP charge is dropped. This is still an opportunity for one of you (which you can explore at the case management hearing). Unfortunately it still leaves the other with the FtP charge as obviously both of you cannot make that offer.

The FtP charge is a particularly nasty conviction. It carries a fine of 1.5 weeks net income (plus a surcharge of 40% of that fine and around £100 costs). It will also see six points imposed but the biggest drawback in most cases is that the endorsement code (MS90) will see the driver’s insurance premiums rocket for up to five years.

I think you should do your best to minimise the damage for at least one of you by making the offer I outlined. You may encounter a kindly prosecutor who may even be prepared to drop the charge against the other one of you, but I think that is unlikely.
Logged
Re: Requested to attend case management hearing
« Reply #2 on: »
Quote from: supermanprice on November 13, 2024, 11:05:19 am
Letters to police were prepared on my work computer and so will have digital footprints for creating, editing and printing. I wish I had retained proof of postage.
I don't think that will help in any way. Your narrative suggests that they received all your letters, but the equivocal response triggered more S.172 requests each time to allow you to rescue the situation ... which regrettably you failed to do.
Logged
Pages: [1]
« previous next »
  3. Requested to attend case management hearing