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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice.
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I have received a Single Justice Procedure Notice for a

Customer Question

I have received a Single Justice Procedure Notice for a speeding offence last October. The car is registered in my husbands name, he received the Notice in December and confirmed on the form that I was the driver. We didn't have any further correspondence until this SJPN, I haven't completed a form stating I was the driver. However the Witness Statement states that I have confirmed I was the driver at the time of the offence. I understand the matter is for automatic procedure due to the speed (52mph in a 30 zone). Surely their paperwork is incorrect?
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Jo C. replied 8 months ago.

Hi - are you asking if this makes the SJPN invalid? also do you have any points on your licence?

Customer: replied 8 months ago.
I have no points on my licence. Yes, is it invalid? I thought I would just receive a Notice of Penalty (or similar) and was waiting for the paperwork to arrive to confirm I was the driver. My only options on this form are to plead guilty or not guilty. Can I request proof of the form confirming I have confirmed I am the driver?
Expert:  Jo C. replied 8 months ago.

Were you the driver?

Customer: replied 8 months ago.
but my husband is the registered keeper so the initial notice went to him. He replied immediately with the form saying I was the driver at the time, but we didn't get any further notices until this SJPN.
Expert:  Jo C. replied 8 months ago.

You can refuse the SJPN for any reason you like.

However, you do face the risk of them prosecuting you on the basis of your husband's declaration that you were the driver.

It might not be the best evidence but they could do it and you should be aware of that.

Can I clarify anything for you?

Jo

Customer: replied 8 months ago.
Their Witness Statement states that I have confirmed I was driving - can I ask to see paperwork relating to this prior to the hearing?
Expert:  Jo C. replied 8 months ago.

Yes, but it doesn't change the above.

They won't provide that before the matter goes to court.