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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice
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I have been issued a single justice procedure notice even

Resolved Question:

i have been issued a single justice procedure notice even though i have not received any paperwork previously but my main concern is the letter has my date of birth wrong does this mean it is enforceable ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Were you speeding?

Customer: replied 1 year ago.
37 mphnin a 30 zone and i would be guilty of that but i now also have an offence of failier to give details section 172(3) rta 1988 and schedual 2 rto 1988 , i did receive anything before this ? My date of birth is wrong on this palerwork but all my other details are correct
Customer: replied 1 year ago.
Sorry i did not recieve any other letters for this i meant .
Expert:  Jo C. replied 1 year ago.

The date of birth is a non issue.

Do the DVLA have the correct address for your vehicle and have they always had?

Customer: replied 1 year ago.
they have
Customer: replied 1 year ago.
I was the deiver that day and would of taken the points and fine for that but did not know about it , hopfully it can be deopped down to a fine and driving course maybe .
Expert:  Jo C. replied 1 year ago.

There is no prospect of that I'm afraid.

Come what may, they have laid an information at court.

However, they would probably accept a plea to speeding alone. Usually they will drop the failing to identify if a person pleads to speeding.

Expert:  Jo C. replied 1 year ago.

If they will not, then you will have to defend the failing to identify.

It depends what evidence they have on this point. Usually they have the evidence of a civilian support worker who describes the post office they sent the S172 request from and usually they do send a reminder.

Expert:  Jo C. replied 1 year ago.

It is possible they did not. Anything is possible.

It is not particularly likely but it could happen.

Expert:  Jo C. replied 1 year ago.

Then it really comes down to what the Magistrates believe.

Magistrates do have a reputation for convicting and generally reaching wrong decisions which is fairly well deserved in my experience. They are not a respected tribunal and I have never seen any reason to respect them. They are only there because they have nothing better to do with their time.

Expert:  Jo C. replied 1 year ago.

It doesn't usually come to that though because CPS will normally take a plea to speeding.

Can I clarify anything for you?

Jo

Expert:  Jo C. replied 1 year ago.

However, if you are fighting this then you need to respond demanding a trial.

Otherwise they will convict on papers.

Customer: replied 1 year ago.
Thats great thank you hopefully they will accept that , on the sjpn it says i can only enter mitigating factors by pleading guilty and then in the box explaining the fact i did not recieve the paperwork was a mitigating factor? Seems crazy to plead guilty as i had no idea but its the only way to mitigate
Expert:  Jo C. replied 1 year ago.

You can't plead guilty to failing to identify.

If you didn't get the S172 forms then you can't identify.

The only issue here is whether they will accept you didn't get them.

Customer: replied 1 year ago.
Thank you very much Jo you have been a help .
Thanks
Steve
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.

Please remember to rate my answer.

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