However I have read that they are not likely to go with the deal (accept speeding notice if failure to provide is removed) just because it wasn’t received.

Where have you read that? One of he most common reasons for offering the "deal" is just that.

Not sure which to mention and whether to go for the deal…

Based on the assumption that you were the driver at the time of the offence, whether to go for the “deal” or not is a no-brainer.

If you don’t you will have to defend the “Fail to provided driver’s details” (FtP) charge. You would have to prove to the court's satisfaction that you received nothing from the police.. Whilst you may be able to do that (and so walk away with no fine and no points) the greater likelihood is that you may not.

The cost of failure will be a hefty fine and surcharge, prosecution costs (which may be as much as £650), six points and an endorsement code (MS90) which will see your insurance premiums increase considerably for up to five years.

The deal will see you convicted of speeding only and if you are very cheeky (and the speed was within the guidelines to offer one) you could ask the court to consider sentencing you at the Fixed Penalty level (£100 and 3 points). However you are sentenced, the fine and costs will be far lower and the insurance consequences will be far less serious.

You should respond to the SJPN by pleading not guilty to both charges. In the ”reasons for Not Guilty Plea” section (or, if there isn’t one, the “mitigation” section) you should say that you will plead guilty to speeding if (and only if) the FtP charge is dropped. If you do want to add any explanation simply say that you did not receive the “Notice of Intended Prosecution” or the “Request for Driver’s Details”.

You can add (if appropriate) that as a result of that you were not offered a fixed penalty as you would have done if you had received and responded to the request, and could the court kindly consider sentencing you at that equivalent level.

EDIT: I meant to add - Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary.

If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. If not, the SJ will sentence you and you will be notified of he sentence by post.

Let me know if I can help further. In particular let me know the alleged speed and limit and i\'ll tell you whether it is within the FP level.

Edited by Middleman on 18/12/2024 at 20:08