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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I was sent a speeding notice in Nov 14. I wrote to say sorry,

Customer Question

I was sent a speeding notice in Nov 14.
I wrote to say sorry, confirm it was me and asked a question…no reply
I heard nothing until June 15 with a court summons.
I wrote to the police sending them the first letter, no reply.
I wrote to the police/court and processing unit in July all 3 by recorded delivery, no reply.
I managed to get a number to ring the police and they have told me there is nothing they can do.
I am now about to fill all the papers and plead guilty and ask for the case to be reverted to a speeding case.
Am i doing the right thing??
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What was the date of offence and what is the date of INFORMATION on the summons?
Customer: replied 1 year ago.

28/11/14 offence summons 11/6/2015

Expert:  Ash replied 1 year ago.
It is out of time. They need to do it within 6 months. You can ask the Court to stay proceedings as they must issue a summons within 6 months of the offence.
If not it is out of time.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

yes please just so I am clear.

Offence date 28/11/14.

Summons date 11/6/2015

Charges say on the 1/1/2015 I failed to give detail... not true as I wrote to them.

Expert:  Ash replied 1 year ago.
Out of time.
Customer: replied 1 year ago.

Do I just write to them and say that all send all the papers for the court???

Expert:  Ash replied 1 year ago.
Write yes.
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

This is what I got back.

With regards ***** ***** time frame of 6 months, this is 6 months from the offence date, i.e. 6 months from the initial speeding offence would be outside the time limit as the speeding offence was 28/11/2014 and the postal requisition/ summons was issued on 11 June 2015.

However, the offence you have been summonsed for is Failure to Identify the driver, the offence date for this comes from when the First Notice of Intended Prosecution went to the person on file, i.e. The notice which was sent to yourself on 2/12/2014. The offence date is 28 Days from this being sent (28 days, then we allow extra days for post). So the offence date becomes 1 January 2015. Therefore, the summons was served within 6 months from this date.

With regards ***** ***** letters you mention, there are no letters recorded on file as being received at the Central Process Unit, you would have been required to send in your admission to driving, or the nomination of the driver, to the Central Process Unit and as this was not received, the file progressed to Failing to Identify the driver.

Please complete the plea and means form, if not already done so and return this to the court , or attend the hearing on 10 August 2015 @ 1000 to explain the situation, as unfortunately, there is no record of any correspondence being received.

Please send in all proof of postage and we can investigate the matter for you, but we do require a plea to the offence of failure to Identify driver, prior to the hearing on 10 August 2015.

Expert:  Ash replied 1 year ago.
You need to plead NOT GUILTY. You sent in the information - therefore you are NOT guilty.
Does that help?
Expert:  Ash replied 1 year ago.
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Customer: replied 1 year ago.

This is what I have sent to the CPU...any advise?

Thank you for responding to my email of the 28/7.

On the 1/12/2104 I was sent a Notice of Intended prosecution and Request for Drivers information.

I wrote to you, letter dated 8/12/2014 and admitted I had been driving and asked a question. I also apologised in the letter and was very clear that I was the driver. I did not withhold information and did not fail to identify the driver.

I then heard nothing more until the court papers arrived in June 2015.

I had not received any notification of prosecution for failing to identify the driver.

I wrote to you again on the 23/6/2105 no reply. Again I confirmed I was the driver.

I wrote again 22/7/2015 to all 3 parties on the court summons - all 3 by recorded delivery.

The Court - I called them and they have confirmed they received a copy but have not replied. Registered letter 26/6. BZ919882576GB

The CPU - who say they have no record on file. - Registered letter 26/6. BZ919882593GB

The Head of CPU Business support - Tim Ewen, no reply. Registered letter 26/6. BZ919882580GB

The recorded deliver receipts are available.

I cannot plead guilty to the offence as I did not fail to identify the driver and did not get any form of notification.

I have always maintained that I was the driver, I did provide the information in my letter date 8/12/2014 and in the subsequent 4 letters.

I was not notified of any further request for information or the intention to prosecute and had no correspondence form yourselves between the original speeding notice and the Court papers.

I have a clean driving licence and have never had any form of prosecution against me.

I would appreciate it if you could tell me how you wish to proceed, I have not at any point withheld information or denied it was myself driving the car.

Expert:  Ash replied 1 year ago.
Yes that is fine.
Customer: replied 1 year ago.

This is what I now have from the CPU. What do you think.

Please be advised that no response to the Notice of Intended Prosecution has ever been received from you. This is why your case has proceeded to court for the offence of Failing to Give Information relating to the Identity of the Driver. Should you dispute this, you may choose to enter a plea of Not Guilty and the matter will be fixed for a trial in 6-8 weeks’ time. You will then be required to put forward your evidence before a bench of magistrates who will decide the outcome of the case.

In relation to the letters sent via recorded delivery following receipt of your Postal Requisition, investigations are being made into who signed for the letters. In any event, this has no bearing on the offence charged.

However, as you have indicated that you were the driver at the time, as the prosecution, we have the discretion to amend the charge back to the original speeding offence. An application would be made at the hearing on 10/08 and the Magistrates should have no objection. This is offered on the basis of a Guilty Plea being entered and the Fail to ID charge would then effectively be withdrawn. Please advise via return email whether you wish to proceed in this way.

Expert:  Ash replied 1 year ago.
if speeding is not on the charge you can plead not guilty to failure to provide. They can't lay a charge for speeding outside 6 months. So if it's not on the charge just plead not guilty for failure to provide only.
If there is a speeding charge you should plead guilty to that only.
Does that help?

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