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Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.
Are you asking if this is a defence?
I see you have opened another question. You will be charged for that but you can get a refund on it by emailing [email protected]
Well, what have they charge you with ?
Oh right. Failing to name the driver then. Were you speeding?
Yes, so were you speeding?
Yes, but were you driving?
Thanks for the information
You do have the option to attend court and offer to plead guilty to speeding in exchange for them dropping failing to provide. They would probably agree to that. I used to prosecute traffic courts all the time and when that offer is available it is rare that CPS don’t agree.
If they don’t though, you do have a defence to the charge of failing to provide because you couldn’t identify the driver as you didn’t receive the NIP. But you would need to have a trial to establish that.
Hope this helps. Please let me know if you need more information.
I think it probably was a 30 mph zone. Or at least they are probably saying it was.
That would tend to suggest they are saying that there are parts of the road that are covered by a regular pattern of lights. what type of vehicle is it?
Oh is there restriction of the van then? Either way, you were speeding. The only debate is over the amount. Delighted to continue with this but please rate my answer.
The charge is accurate. The question is what is the speed limit. But the first thing to do is get to court and sort out the failing to provide. You will have to argue over the speed limit and what their case is as well but we don't really know what they are saying at this stage.
No problem and all the best.
Please remember to rate my answer.
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