Free Traffic Legal Advice

Hi

I received an SJP for doing 79 in a 70MPH zone and also failing to complete the paperwork to identify the driver.

Unfortunately the deadline for submitting the plea is tomorrow and having read the previous similar threads it looks like I should plead not-guilty and do the 'deal' on the day with the representative and agree to plead guilty to the speeding in exchange for them dropping the other charge.

In truth, I completed the driver identification but clearly it's not reached them for whatever reason and I've now been sent the SJP.

I just wanted to check what the advice of the experts on here is before I go ahead and please not guilty on the online portal later today.

thanks

thanks for the quick advice. Do I use the 'reason to please NG" box on the online portal to state:

"I am willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped"

?

Cheers

Respond to the SJPN by pleading not guilty to both offences. In the "reasons for pleading not guilty" section say you responded to the request for driver's details but still received nothing from the police. Go on to say you are willing to plead guilty to the speeding offence on the condition that the "failure to provide driver's details" charge is dropped. This is a common procedure which is well known to all court users (magistrates, their legal advisors and lawyers).

Before the pandemic it was necessary to attend court to negotiate this "deal". When the pandemic hit courts were obviously keen to avoid as many personal attendances as possible and arrangements were made for this deal to be accepted without a court attendance. Many courts have continued with this process so if you make your intentions clear in response to the SJPN you may be saved a trip.

You could also ask the court to consider sentencing you at the level equivalent to the fixed penalty (£100 and 3 points). Magistrates have guidance that suggests they should consider this in circumstances unconnected with the offence itself, such as administrative difficulties.

Wondering if this means I should plead guilty to the speeding and not guilty to the failure to provide driver details charge instead?

Absolutely not!

You cannot be convicted of speeding unless you plead guilty as the police have no evidence that you were driving. This is your "leverage" to get the other (more serious) charge dropped.

No, yes

As has already been explained. To you. In this thread. As it stands they "alternative" speeding charge has no legs unless you plead guilty to it.
As regards the viability of defending the s. 172 charge, based on the level of detail you have provided so far in order to enable those that you are hoping will give up their free time to advise you to do so, the magic 8-ball says "Outlook not so good"

S172 defence is simply the fact I've sent the submission but it's clearly not been received - nothing more to say. I can't be the only one who's had forms lost in the post  . Even the postal service will state proof of dispatch is not proof of receipt.

I would prefer to avoid the S172 as that carries the greater impact on points, premiums etc.

There are various mitigations I can add (carer for handicapped family member etc) but I don't feel I need to if I'm going with the 'lost in post' defence.

Ta

So you intend to defend the s172 charge on the basis of "lost in post" rather than do a deal?

Do you have proof that you sent it back?  eg certificate of posting

I want to do a deal but worried they won't let me before the case is heard - mainly driven by the fact that they're making me attend court.

But your case is already going to be heard in court as the deal can only be agreed there. Whether you are there or not depends on the court. As I explained in my post on 5th January, some courts allow this deal to be conducted under the "Single Justice" procedure (which you cannot attend) whilst others will require your attendance at a hearing in the normal Magistrates' Court.

As far as I am aware there have been no cases on this forum that we know of where the deal has been declined. On its predecessor (Pepipoo) there was only one from a very large number over many years. That was where the defendant was somewhat uncivil to the prosecutor, who felt disinclined to assist him by agreeing to the deal. If I am correct, he finished up with nine points for his trouble.

You simply need to proceed as advised on here. In the (extremely) unlikely event that your offer is declined, you will have to decide whether or not to maintain a not guilty plea to the FtP charge. As above, your chances of success with that, on the basis that you posted a response but have no proof of that, is fairly slim to say the least. But I would not lose too much sleep over it because I can say with a fair degree of certainty that your offer will not be declined.