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Hello

I'd appreciate some help here please.

Back in December, there was an incident where a friend drove a relative's car where a speeding ticket was incurred.

My relative wasn't the driver or in the car but it was her car so she got the notice in the post.

She quickly replied she was not the driver and named the person (my friend) she believed was the driver at the time.

My friend sometimes stays at the relative’s address but not always.

Anyway, a few notices were then sent to my relative in the name of my friend which my friend (the driver at the time) apparently did not respond to.

A Court Summons FPN has now arrived at my relative's address in my friend's name.

 

My friend insists he was not guilty of the speeding offence and suggested that something may have been wrong with the camera that awarded the ticket. Also, the court summons has misspelt his name and he's wandering how best to plead/address the matter.

 

The summons was received on 16th of May with apparently 7 days given just to defend it or plead Not Guilty.

 

Kindly please urgently assist.

 

Many thanks.:!:

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Is the summons for speeding or failing to furnish the identify the driver. If it is for failing to furnish, the speeding matter is irrelevant.

 

The penalty for failing to furnish is 6 points and a much higher fine than for speeding.

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I'm a bit muddled here, but I think if the summons is in your (male) friend's name it must be for the speeding offence? A summons for failing to give the driver's details would have been sent to the (female) relative? So I assume they did receive the driver information from her.

 

If he intends to defend it he must plead not guilty and reply by tomorrow. Does it say anywhere this can be done online?

 

If he intends to plead not guilty the first thing he can do is request the video of the alleged offence. You'll get more help here about cameras I'm sure, but the main thing is that if he wants to defend then he must plead not guilty on the forms/online before the deadline.

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Does it actually say he must enter his Defence by tomorrow, or just acknowledge and say if he's going to defend? You'll get help from others who know how to deal with speeding fines. My concern is tomorrow's deadline.

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It would probably be better if your friend posted here himself, rather than playing Chinese whispers through a friend of a relative.

 

If he knew about the NIP and didn't respond to it then he's guilty of failure to identify the driver, and can expect 6 points and a hefty fine, regardless of whether he was speeding or whether the camera was working properly. Pleading guilty will reduce the size of the fine, but not the points.

 

If he wasn't aware of the NIP, eg if he was away from your relative's home all that time and she didn't inform him of it, then he may be able to defend the charge on the basis that it wasn't reasonably practical for him to have become aware of the requirement and to have replied to it.

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I'm a bit muddled here, but I think if the summons is in your (male) friend's name it must be for the speeding offence? A summons for failing to give the driver's details would have been sent to the (female) relative?

That's not correct. When the (female) relative named the (male) friend, the (male) friend would have been sent his own requirement for driver details which he'd have been obliged to complete himself. If he didn't, it's him who gets charged with failure to provide.

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But we do know the gentleman in question has to reply by tomorrow.

 

I do agree with Aretnap. It would probably be easier if your friend posted all the details himself. He can stay on this thread of course.

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I do think that if your friend is likely to be prosecuted for failure to respond (likely 6 points and fine) as well as the speeding offence (3-6 points, depending on how fast he was going, and fine) then he really should consult a solicitor. He could face a ban, depending on the severity of the speeding offence or if he already some some points on his licence, and the fine(s) could be large too.

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It would probably be better if your friend posted here himself, rather than playing Chinese whispers through a friend of a relative.

Please take it easy. He's not computer literate nor is he a CAG member - so I'm really helping out. He already has 6 points for a different offence from 2012.

Will post more shortly. Thanks for your patience.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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Hi

According to the summons document

The offence is for 'Failing to provide driver details'.

 

It does not appear that a charge relating to the speeding offence itself is part of this summons/paperwork.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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I completely understand why you are posting on behalf of your friend.

 

This is not a good situation. I really think he should see a solicitor. If he has six points already and six to come from this offence I can't see how he can avoid a ban. However a solicitor might reduce the fine.

 

It's not helpful that the six points are so recent.

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OK. It's going to take time to get a solicitor I think and the deadline for response is tomorrow I think? Can he do anything to get more time?

 

Also, he wants to plead not guilty as

1. The original speeding offence said he was doing 47mph in a 40mph zone

2. His name has been misspelt on the summons. I haven't seen any of the previous notices but he thinks they may have misspelt his name on those too.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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I don't know if he can get more time. I'm not sure if mis-spelling his name is going to make much difference.

 

I don't see how he can plead not guilty for not providing the driver details unless he says the relative did not forward his mail.

 

It has nothing to do with the speeding offence at this stage because the summons is for not providing details.

 

You might want to hit the triangle and see if anyone on the site team with legal knowledge about this can help.

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Driving uninsured. He has a long and amusing story about it but it doesn't matter in the end...

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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You know and I know that he is in very serious trouble.

 

It's never an amusing story to be driving when you are uninsured unless there is a genuine reason, doesn't matter whether it's amusing or not...

 

He is lucky to have a friend like you who has tried to help him.

 

He really should try and find a solicitor in the morning.

 

He will be banned, and you as his friend should try to make sure if that happens that he doesn't drive while he is banned/uninsured.

 

DD

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I hope he doesn't get banned for this. His job requires him to drive.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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So has he got insurance now? If he has got insurance did he tell the truth about his convictions on the application?

 

Did he declare his conviction for driving without insurance to his employer?

 

Is he insured on a personal policy now? Or only on the employer's group policy?

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It's never an amusing story to be driving when you are uninsured unless there is a genuine reason, doesn't matter whether it's amusing or not...
Believe me. He'not laughing about this. He's sh***ing himself. Sorry if I've made this sound trivial but it's not and he's not taking it as such. When I said he has a 'long and amusing story', I rather meant it's a bit of a 'sob story' - but that in the end it doesn't matter - he's already got the 6 points!

 

I wonder if that's why he didn't respond to the NIP - he was too scared!

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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To my knowledge, the answer to all the above is yes. His insurance premium shot up after the incident. He's self-employed so not on an employer's group policy I don't think.

The matrix is intrinsically flawed. Within it is the program for it's own destruction. If you are reading this, you are in the matrix and it's days are numbered...so watch out! :eek:

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To my knowledge, the answer to all the above is yes. His insurance premium shot up after the incident. He's self-employed so not on an employer's group policy I don't think.

 

At least they can't prosecute him for driving without insurance again, but as I've just said he's going to need a solicitor. And I do think he needs to speak to one before he decides what to do about pleading guilty/not guilty.

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