Speeding and failure to provide driver details !!

[RyanUK101]

Hello.

 

Last week I received a further steps notice with a demand of 800 and 6 points.

 

The offence was committed may 2021 and the original fine and documentation was sent to my previous address, my own fault for not updating my VC5.

 

I have received documentation from the court to make a statutory declaration but I am not sure if I have a case at all to at least try and get the failure to provide driver details fine removed.

 

Any help would be really appreciated

Edited January 24, 2022 by dx100uk
block of text spaced to paragraphs

[dx100uk]

should help

 

 

[dx100uk]

not sure where you stand on it being your fault you didn't get stuff re filing an sd in relation to speeding etc ..but i'll guess honesty might be the best policy.

 

 i know on other stuff  that if you have been disadvantaged with the further steps notice being sent to your previous address you can use an SD and get things reset.

 

our more knowledgeable one should be around tomorrow

 

dx

 

 

 

 

[Man in the middle]

You don't have to "have a case" to perform a Statutory Declaration. There is a tried and tested way to get your conviction set aside and the matter reverted to speeding (provided you were driving at the time). I'm just off out for a couple of hours but will reply fully when I return.

[dx100uk]

great info. thanks... there is hope then..!

[RyanUK101]

Just a quick update , I have been given some free advice to plead guilty to the speeding offence but not guilty to the failure to provide drivers detail as they will drop the latter charge, do you recommend I accept this advice ?

Edited January 25, 2022 by RyanUK101

[dx100uk]

i believe that might be a route but await MitM to comeback.

 

please

our expert.

 

dx

 

[Man in the middle]

2 hours ago, RyanUK101 said:

Just a quick update , I have been given some free advice to plead guilty to the speeding offence but not guilty to the failure to provide drivers detail as they will drop the latter charge, do you recommend I accept this advice ?

 

No, do not do that! It is a possible route to nine points. 

 

First of all, you have not mentioned it, but I assume you were caught speeding by camera, did not respond to the “request for driver’s details” (because you did not receive it) and have been convicted of that offence. The usual penalty where there is no response to the court is a fine of £660, £66 “Victim Surcharge” and £85 costs, so £811.

 

As it stands you cannot be convicted of speeding as they have no evidence that you were driving. Plead guilty to it and that’s three points (possibly more, depending on your speed and the limit). You can then still face the “Fail to Provide Driver’s Details” (FtP) charge and since you have no viable defence to it, you will be convicted and that’s another six. It doesn’t often happen that the police continue to prosecute both offences but they can and sometimes do. You need to avoid a conviction for FtP. Apart from the fine and points, the resulting endorsement code (MS90) is one that insurers hate and it will see your premiums rocket for up to five years.

 

You firstly need to perform your Statutory Declaration (SD). This is simply a declaration that you knew nothing of the proceedings taken against you which led to your conviction. It doesn’t matter why you didn’t know or whose fault it was. The court must accept your SD if it is made within 21 days of you being made aware of your conviction and may accept it outside this period at their discretion. In practice, so long as you have contacted the court to arrange the SD it will be accepted even if you have to wait for an appointment beyond 21 days. This effectively resets the clock and it is up to the prosecution to decide what action to take next. They will usually start the proceedings again and probably charge you with both speeding and FtP and you will be asked to enter pleas to those charges.

 

You should plead Not Guilty to both charges but add that you will plead guilty to speeding if, and only if the FtP charge is dropped. This is a perfectly straightforward “deal” carried out up and down the land every day and all court users will be familiar with it. The reason it works is because, as I said, you cannot be convicted of speeding as they have no evidence that you were driving. That comes when you respond to the request for driver’s details (which of course, you did not do). The prosecution is almost always willing to accept the offer you will make. Provided they are satisfied that you are not trying to evade justice they have no interest in prosecuting you for what is, in your case, an administrative oversight. You should note that you can only offer this plea if you were the driver at the time of the speeding offence.

 

You don’t say whether your hearing is “live” or by telephone. Before Covid it was usually necessary to do this “deal” in court but in many areas at present the SD and the negotiation of the deal are being dealt with by phone. If it is live you should try to see the prosecutor before you are called into court and make your offer. If you cannot see the prosecutor, or your hearing is by phone, simply make your offer when you are asked to enter your pleas.
 

[RyanUK101]

I was convicted of going 63 in a 50 on a road where there is Temporary Prohibition of Traffic various temporary speed limits. 

 

it says that the " Once the court receives your information it will contact you to arrange for you to make your declaration over the telephone. Please note that this may be from a withheld number". Is this the part where I ask about the deal ? 

[dx100uk]

2 hours ago, Man in the middle said:

You don’t say whether your hearing is “live” or by telephone. Before Covid it was usually necessary to do this “deal” in court but in many areas at present the SD and the negotiation of the deal are being dealt with by phone.

 

[Man in the middle]

How did they know you were driving, then? Did you receive the original "Notice of Intended Prosecution" and accompanying "Request for Driver's Details" before you moved and did you respond to that request?

 

For an offence of 63mph in a 50mph limit normally a course would be offered or, if that was not taken up, a fixed penalty of £100 and 3 points would be offered. If the matter went to court because neither of those two offers were accepted there is no way it would attract such a large fine and six points. The Magistrates' guidelines suggest a fine of half a week's net income and three points. When no information is known about the defendant's means, a default income of £440pw is used, so the fine should be £220, plus the Victim Surcharge of £34 and £85 costs.

 

Have you checked your driving record online to see what endorsement code you have? You said in your original post "...I am not sure if I have a case at all to at least try and get the failure to provide driver details fine removed." 

Edited January 25, 2022 by Man in the middle

[RyanUK101]

No all the documentation went to my previous address so I didn't have a chance to respond to anything. The code I have is ms90

[Man in the middle]

So you have not been convicted of speeding. That endorsement code is for "failing to provide driver's details." That being the case, my earlier post applies.