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Hello CAG

 

Can you help.

 

You have been very helpfal to me in the past so i am wandering if you can help me with this situation.

 

I have recieved a SINGLE JUSTICE NOTICE PROCEDURE i has given me 21 day to fill out and return the forms that was 25 day ago.

yes i know i should have returned them but honestly i dont even open my post any more becouse it seem like there is somebody always chassing me for money..... to say the least i am feeling more and more stressed as time goes on and i have a "i dont care attitude" which i know is not healthy.

 

I phoned the relevent speeding depatment and have asked what can be done....Nothing can be done.

I was traveling at 37 mph and was court by : manned eqipment

 

charge sheet

1: fail to give information relating to the identification of the driver

2: speeding - exceed 30 mph on restricted road - manned eqipment

 

I havent been working since christmas as i closed my business down and i am living on a limited income....

 

Can you help...

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How come you are being persued both for speeding and failing to identify?

Usually it is one or the other. (If you don't identify the driver who was speeding, they can't prosecute the driver, but then go after the keeper for failing to identify).

 

You are going to be summonsed to court.

Attend. Plead guilty (unless you have a defence).

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Ask if they will withdraw the failure to identify if you identify the driver and, (if it was you!) plead guilty to the speeding,

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What date was the speeding offence?

 

 

Dual charging may help you if you approach the CPS before Hearing and offer to plead Guilty (if true). to speeding if they drop the FTF charge.

I don't know how they can charge you with speeding if you did not name the driver, unless pulled over.

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“Dual charging” (with speeding and FtF) is perfectly normal in your circumstances and in fact, provided you were driving, is to your advantage.

 

The process is that the police

(or safety camera partnership)

cannot take action for speeding unless you nominate yourself (or somebody else) as the driver at the relevant time.

 

 

You failed to do so when asked and so you have committed the offence of “Failing to Provide Driver’s details. This known as a S172 offence (because it is covered by Section 172 of the Road Traffic Act).

 

 

From your description (that you simply ignored the request) you have no defence against that charge.

 

 

It carries a hefty fine (one and a half week’s net income), six points and insurance grief for probably five years.

(It is an endorsement that insurers really do not like and they load premiums considerably for those with it).

 

However,

you have been thrown a lifeline having been dual charged.

What you must do,

when you are summonsed,

is to attend court on the day required

and ask to see the prosecutor in your case.

 

 

You must then tell him/her that your personal circumstances were such that you could not deal with the S172 request (don’t elaborate unless asked) but that you will plead guilty to speeding provided the S172 charge is dropped.

There is no obligation for the prosecution to agree to this but they almost always do.

 

Things to remember:

 

- Do not under any circumstances plead guilty to either offence in advance of your hearing;

 

- Do not demand the deal – you have no right to it;

 

- Plead guilty to speeding only when you are sure the deal has been agreed.

(If you cannot see the prosecutor beforehand you can suggest the deal when you are called into court).

 

The situation you are in puts you on the back foot.

There is no evidence to convict you of speeding as they do not know who was driving.

But there is ample evidence (to which you have no defence) to convict you of the more serious S172 offence.

 

 

The “plea bargain” is your best option to minimise the damage

(which would have been the offer of a speed awareness course - if you had not done one in the past three years – if you had only dealt with the matter as soon as it arose).

Edited by dx100uk

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ok thankyou for your advice....

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