Is the address on your driving licence and / or logbook up to date?

First of all, is what you have a “Single Justice Procedure Notice” (SJPN)? Or is it something else? If so, does it mention two charges: speeding and “Failing to Provide Driver’s Details” (FtP)?

If it is a SJPN and it mentions two charges, you have two choices:

Option 1: You can defend both the speeding and the FtP charges on the basis that you did not receive the request. The speeding charge is a non-starter as they have no evidence you were driving (that comes from the response that you have been charged with failing to provide). The FtP charge is a bit more tricky. You first have to be sure that (a) if you are the RK your details were shown correctly registered with the DVLA at the time of the offence or (b) if you are not the RK but were nominated as the driver by somebody else, they provided your details completely correctly. The police have only to prove to the court’s satisfaction that they posted the request, correctly addressed (in accordance with the details they have obtained) to you. It is then deemed served on you two working days later unless it can be proved otherwise. The burden of that proof rests with you and it is notoriously difficult to prove a negative. If it was easy everybody would turn up and simply say “Didn’t receive it, guv.” The upside of this strategy is that if you succeed you walk away with your licence and wallet intact. The downside is that if you are convicted you face a heavy fine and costs (no change from £1k for most people), six points and an insurance-crippling endorsement code (MS90) which will see your premiums rocket for up to five years.

Option 2: You can offer to do a “deal” with the prosecution. You can offer to plead guilty to speeding on the condition that the FtP charge is dropped. This involves responding to the SJPN by pleading Not Guilty to both charges. A court appearance will probably then be arranged (though in some areas they allow the deal to be completed by post). At that appearance, you must agree with the prosecutor to plead guilty to speeding but only on the condition that the FtP charge is dropped. This deal is almost without exception accepted. It is a process adopted in courts every day and is well known to all court users (prosecutors, Magistrates and their legal advisors). Although it does not avoid a speeding conviction, it avoids the far more damaging conviction for FtP.

If you are very cheeky, and providing your speed was within the range where a fixed penalty (FP) would have been offered, you can ask the court to sentence you at the FP level (£100 and three points). They have guidance which allows them to do so:

Where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances.

These were “administrative difficulties” and provided the police had the correct details for you, they were outside your control. That request may or may not be successful, but don’t ask, won’t get!

Let me know if either (a) the document you have is not a SJPN or (b) it only mentions one charge and I’ll advise you how to proceed.

Edited by Middleman on 04/02/2023 at 14:12

The paper I received was a court referral notice,it’s not an SJPN...

Does it ask you to do anything (such as enter a plea)?

...but surely, as in my case, people who genuinely didn’t receive it, should be able to say that.

But that's no different to anybody else turning up and saying "didn't receive it guv." They may genuinely not have received their notice either. If you choose this option you will be required to give evidence to that effect under oath in court. Whether the court accepts your evidence is a matter for them. The reason I warned that it may be tricky is for the very reason that courts tend to be sceptical of defendants who can use a perfectly simple excuse for evading a criminal conviction. You don't really have any other evidence to offer apart from your own testimony. The court will be aware of the recent postal difficulties (and if they are not you could remind them) but whilst those difficulties may go a good way to explaining a late delivery, they don't do much to explain non-delivery. You may convince the court, you may not. In my view, there is a strong likelihood that you will not, hence my warning.

The strategy that has a far greater likelihood of success is the "plea deal" which I mentioned. This requires the agreement of the prosecutor - it is not something the court can accept without it. Before the pandemic it was necessary to attend court to do this, no exceptions. When the pandemic began, most courts arranged for the deal to be done by post. They made arrangements with their local prosecutors and effectively devolved the decision to the Magistrates' Legal Advisors in court on the day. A few courts have kept this arrangement in place but many have reverted to the old process. If yours has, you will have to attend court to undertake this deal. If you do not you will almost certainly be convicted of the FtP charge in your absence, with all the associated consequences I mentioned.

You can take somebody in to court with you (known in the trade as a "McKenzie Friend") and whilst they will not be allowed to speak on your behalf in the courtroom, they can help you negotiate with the prosecutor before your case is heard. The alternative is a large bill and a very nasty endorsement code which will affect your insurance premiums considerably for up to five years.

You can always send a solicitor to court to do all this on your behalf but I doubt you'll get much change out of £1,000 for their fees. Let me know what the "Court referral notice" actually says and what, if anything, you are required to do at this stage.

Edited by Middleman on 05/02/2023 at 13:48