3. SJP Notice For Speeding and Failure To Give Information
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SJP Notice For Speeding and Failure To Give Information
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I have received SJP for the 2 stated charges and I wanted to confirm if it was received at an address where I do not reside would be valid grounds to put forward a not guilty please if i plead guilty to the actual offence?

Thank you
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #1 on: »
Not unless there is a good reason why it was received there (good meaning not your fault).

If it is simply a case that you moved house and didn't bother updating the V5C, that would not be a good reason.
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #2 on: »
As above, what is the address on the V5C vs where you live? If they're different, why?
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #3 on: »
Quote from: M60NJP on November 17, 2023, 08:00:09 am
As above, what is the address on the V5C vs where you live? If they're different, why?

It is my mothers address.

So for purposes of the form should respond guilty on both charges, they won't accept any reasoning for non guilty plea?
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #4 on: »
Quote from: jeezy on November 17, 2023, 08:41:53 pm
So for purposes of the form should respond guilty on both charges, they won't accept any reasoning for non guilty plea?

Depends - do you want points for speeding, failing to name the driver, or both?
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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.
Re: SJP Notice For Speeding and Failure To Give Information
« Reply #5 on: »
They will (may) accept any/all reasonings if they prove you were'nt the driver and or weren't exceeding the limit. Can you do this?

As 'they' do not yet know who was driving, they cannot prosecute you (or anyone else) for the speed, but the FTF looks nailed on (if it went to Mym's why wasn't it passed on to you?). Alternatively you could attend court and offer to please G to the speeding if they drop the FTF - this is commonplace and usually accepted.

Sup to you. Don't please guilty to both though!!
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #6 on: »
Quote from: jeezy on November 17, 2023, 08:41:53 pm
Quote from: M60NJP on November 17, 2023, 08:00:09 am
As above, what is the address on the V5C vs where you live? If they're different, why?

It is my mothers address.

So for purposes of the form should respond guilty on both charges, they won't accept any reasoning for non guilty plea?

So are you saying that a NIP/s172 request to name the driver was not sent to you at your mother's address, or are you saying that one was, but that your mother never passed it on to you?

If you are going to use an address other than the address you live at as a correspondence address, you need to ensure either that you pick correspondence up or have it passed on to you.

What makes you think you should plead guilty to both charges?

Some background explanation as to how this has happened would be helpul
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #7 on: »
Quote from: ManxTom on November 18, 2023, 11:37:46 pm
What makes you think you should plead guilty to both charges?

Probably because the enablers have not posted a flowchart of how to proceed based on all conceivable circumstances not yet disclosed to us by the OP.

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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #8 on: »
Quote from: jeezy on November 17, 2023, 08:41:53 pm
they won't accept any reasoning for non guilty plea?
Who is 'they'? The court or the Police?

Right now they have no evidence you were driving so the speeding charge will fail unless you plead guilty to the charge, that would be a bad idea unless it has other benefits (see below).

Without some meaningful detail from you it looks likely you were guilty of the failing to furnish offence.

HOWEVER that offence carries more points and a much bigger uplift in insurance premiums so is to be avoided if possible.

IF (and only if) you believe it was probably you driving then the usual recommendation is to do a 'plea deal' where you offer to plead guilty to the speeding if the FtF is dropped, this is routine and always (if put properly) accepted, in fact there is little reason for them to dual charge you other than to make the deal easier.
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #9 on: »
Thank you for the responses, please see a more accurate timeline of events for which I need to fill in a response in the next 7 days.

-Following a speeding offence recorded exceeding 30mph, as registered keeper a NIP was received sent to vehicle registered address (where I do not reside)

-Subsequent reminder notice was also sent before an SJP was received 07-11.

-Along with the SJP, photograhic evidence of the vehicle along with Witness Statement from TVP was received (see below)

https://ibb.co/v3Cy54H

https://ibb.co/gPHsNHS

-I now have a plea form to fill and return to plead guilty/not guilty to 2 offences along with mitigation and defence section to fill in (for not guilty plea)

I do believe it is likely i was driving and thus would appreciate a suitable response in line with a plea deal being put forward
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #10 on: »
You still haven't said WHY the notice wasn't received by you? Presumably you used that address? Your Mum would pass it and other correespondence to you?
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #11 on: »
You don't have much scope unless you intend to defend the "Fail to Provide Driver's Details" (FtP) charge. As above, it is hard to see that you have a defence to that, especially when you haven't told us why the DVLA has an address where you do not live and why, with that in mind, you did not receive the notice, but you did receive the SJPN.

You can offer to plead guilty to speeding (provided you are sure  you were driving) on the condition that the FtP charge is dropped (as explained earlier). You can make this offer when returning your SJPN. Plead not guilty to both charges and make your offer in the "reasons for pleading not guilty" section. Your case will almost certainly not be handled under the SJ procedure but instead will be transferred to the normal Magistrates Court and listed for a hearing which you will have to attend.
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #12 on: »
You left your name and adress in which you may want to remove.
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #13 on: »
Quote from: NewJudge on November 22, 2023, 09:14:39 am
You don't have much scope unless you intend to defend the "Fail to Provide Driver's Details" (FtP) charge. As above, it is hard to see that you have a defence to that, especially when you haven't told us why the DVLA has an address where you do not live and why, with that in mind, you did not receive the notice, but you did receive the SJPN.

You can offer to plead guilty to speeding (provided you are sure  you were driving) on the condition that the FtP charge is dropped (as explained earlier). You can make this offer when returning your SJPN. Plead not guilty to both charges and make your offer in the "reasons for pleading not guilty" section. Your case will almost certainly not be handled under the SJ procedure but instead will be transferred to the normal Magistrates Court and listed for a hearing which you will have to attend.

Apologies for not making it clear, a combination of not visiting that address and thus receiving the initial notice is why i have not received it prior to the SJP.

When you state to plead not guilty for both charges what would I then put for the reasons IF i want to put myself down as the said driver when the offence was noted?
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Re: SJP Notice For Speeding and Failure To Give Information
« Reply #14 on: »
You don’t have to put anything in the reasons.
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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.
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