Today I received an SJP containing 4 offences. 2 for speeding on the same day in November and 2 for failing to respond to Notice of intended prosecution.
I never received the NIPs so wasnt aware until today. I was also not the driver at the time of the offence.
The vehicle is registered in my name and at my current address.
What can i do?
I was also not the driver at the time of the offence.
Then you plead not guilty to the speeding. (The s172 offences are the concern as they carry 6 points each if convicted)
Both offences are generally 'dual-listed' to give you the opportunity to offer to plead guilty to the speeding if they drop the more serious charges. (But you can only do that if you were driving)
The vehicle is registered in my name and at my current address.
How about in November when the Police queried the DVLA?
Dig out the V5 and double-check the address is 100% correct. Also, check the DOCREF date (At the bottom of page 2 in DD MM YY format) that records when the DVLA last updated that V5.
Thanks for the help, i have misplaced the logbook however I received a NIP in February last year to my home address (mrs was driving) so i know that the records are correct.
I have had issues with post not being delivered and have proof of a missing delivery from the royal mail in September last year.
Both offences were within 2 minutes of each other on the same stretch of road, will they count as 1 offence or 2 seperate ones?
Both offences were within 2 minutes of each other on the same stretch of road, will they count as 1 offence or 2 seperate ones?
The speeding offences are of no concern to you as you were not driving.
Apart from pleading guilty, your only option is to defend the “Fail to Provide” charges. The police have only to prove that the requests were posted to your last known address (as held by the DVLA) and they are presumed to have been “served” two working days after posting. Your task will be to convince the court that they were not. You must do this “on the balance of probabilities” (i.e. more likely than not).
It is a notoriously difficult task as you have to prove that something did not happen.
i have misplaced the logbook however I received a NIP in February last year to my home address (mrs was driving) so i know that the records are correct.
Well, that may show the V5 was correct in February...
I have had issues with post not being delivered and have proof of a missing delivery from the royal mail in September last year.
As NJ points out the onus is on you to show they didn't arrive. Any such evidence from the RM may assist in this task.