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hopey7

Summons for speeding and Failure to Furnish

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Hi all,

 

I'm going to court for speeding (39 in a 30MPH zone) and failing to name driver.

 

I understand that I can plead guilty to the lesser charge of speeding and get the FtF charge dropped. Is there a procedure to follow or do I just hope in expectation that the prosecution will offer this?

 

Cheers

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Arrive early for your hearing and ask to see the prosecutor for your case. Tell him or her that you will offer to plead guilty to speeding if the FtF charge is dropped. It is a process undertaken routinely in courts across the country. In the very unlikely event that your offer is declined plead Not Guilty to both charges. The matter will be listed for trial and you can then decide your way forward. Do not under any circumstances plead guilty to speeding without the deal in place as you may end up with nine points.

 

What were the circumstances that led to you not providing the driver's details? Depending on them you may be justified in asking the court to sentence you at the Fixed Penalty level (£100 and three points with no surcharge or costs). There is guidance enabling them to do so where the failure was not entirely attributable to you. The speed would have qualified for a course but the court cannot deal with the offence in that way. I'll provide the text of the guidance for you if you wish to use it so that you can mention it in court.

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On 03/05/2019 at 08:46, Man in the middle said:

What were the circumstances that led to you not providing the driver's details? Depending on them you may be justified in asking the court to sentence you at the Fixed Penalty level (£100 and three points with no surcharge or costs). There is guidance enabling them to do so where the failure was not entirely attributable to you. The speed would have qualified for a course but the court cannot deal with the offence in that way. I'll provide the text of the guidance for you if you wish to use it so that you can mention it in court.

 

Thanks Man in the middle.

I didn't receive the initial NIP until I got a reminder 7 days to the deadline. I sent them an email to tell them that I didn't receive the initial NIP and asked for more time. I wanted more time so that I could visit the location (which is 140 mile from my home) as I was convinced it was a 40mph road. A reply came back saying they would hold it for about 10 days. Stupidly, I just left it as I didn't get the opportunity to make the journey. Weeks later, the summons arrived and here we are.

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No wriggle room there then.

 

You need to take Man in the Middle's advice to mitigate the penalty.


My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Thanks Gick

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Indeed. Just for future reference (hopefully never needed) if you are served with a S172 request (to provide driver's details) you must respond to it regardless of any issues you might have with the underlying offence. Even if you had visited the site and discovered the speeding charge was erroneous you would still have committed a S172 offence if you failed to respond. The two matters are entirely separate and a false or mistaken allegation to (say) speeding does not mean you need not provide the information as requested. 

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1 hour ago, Man in the middle said:

Indeed. Just for future reference (hopefully never needed) if you are served with a S172 request (to provide driver's details) you must respond to it regardless of any issues you might have with the underlying offence. Even if you had visited the site and discovered the speeding charge was erroneous you would still have committed a S172 offence if you failed to respond. The two matters are entirely separate and a false or mistaken allegation to (say) speeding does not mean you need not provide the information as requested. 

 

Very true. Lesson learned. Cheers. 

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