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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69516
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: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Were you speeding?

Customer: replied 6 months 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 6 months ago.
Sorry i did not recieve any other letters for this i meant .
Expert:  Jo C. replied 6 months 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 6 months ago.
they have
Customer: replied 6 months 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 6 months 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 6 months 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 6 months ago.

It is possible they did not. Anything is possible.

It is not particularly likely but it could happen.

Expert:  Jo C. replied 6 months 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 6 months 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 6 months ago.

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

Otherwise they will convict on papers.

Customer: replied 6 months 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 6 months 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 6 months ago.
Thank you very much Jo you have been a help .
Thanks
Steve
Expert:  Jo C. replied 6 months ago.

No problem.

All the best.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69516
Experience: Over 5 years in practice
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