advice on speeding allegation

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Fri 16 Jul 2021 14:16
advice on speeding allegation - deltech

37mph in a 30mph zone.

My partner moved in with me 1 year ago, changed the address on her driving licence, but forgot to do so on her car registration document, so when her car was snapped speeding in January the paperwork was sent to her old address, and (we presume) binned by the occupier, so she knew nothing about it.

Likewise, with the paperwork that followed for "failing to provide details".

Wind forward to June and a letter comes for her to my house with an £818 fine.

Now, I'm not alarmed by that as we've been told by the collection service that the "failure to provide" fine (and costs) will be set aside, and she has to reply to the Single Justice Procedural Notice, and the whole process will be started from square 1.

Our only concern is how to respond to the Single Justice Procedural Notice, in regards to pleading guilty or not-guilty.

To plead not-guilty to an offence she committed, or to plead guilty to an offence she did not commit, would be lying, and surely lying = perjury.

Car is shared 50-50.

Now, she finds it hard to accept that it was her who was speeding, but I know for a fact it certainly wasn't me; I simply do not speed; in fact I'm the kind of guy everyone hates to be behind because I'd be driving at 29mph in a 30mph zone.

So we requested photographic/videographic evidence, and received 3 very blurred photos, with an apology for the quality, and I have to say, on my Mother's grave, that even though I know it wasn't me speeding, there is absolutely nothing in the photos to prove it was her, hence she is adamant it was me.

In fact, ye can't even tell if it's a human or an animal driving.

Can anyone please suggest how she should respond to the Single Justice Procedural Notice, which only allows the options of guilty and not-guilty, and doesn't allow for the GENUINE option of "don't know".

Sorry for the long message, and thanks in advance.

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Fri 16 Jul 2021 16:59
advice on speeding allegation - ExA35Owner

Move your question to www.pepipoo.com where there are experts who will guide you. .

Specifically, claiming "dunno" to who was driving will at best give you a very sticky day in court, and at worst will see the penalty reimposed, together with an enormous hike in insurance premium once the conviction is disclosed to the insurers.

However on Pepipoo there are people who will explain how to proceed with a Not Guilty plea and to get the CPS to set that aside in favour of the speeding offence, which carries fewer points, a smaller fine and quite possibly no extra insurance premium.

We look forward to seeing your post there, and in coming months to see you posting about the less unpleasant outcome.

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Fri 16 Jul 2021 20:30
advice on speeding allegation - Middleman

If your partner was driving, the time-honoured way to deal with this is for her to plead Not Guilty to both offences and, at her court hearing, offer to plead guilty to speeding only on the condition that the FtP charge is dropped. This always works. In fact in some areas, in these Covid times, courts are doing this without the need for a court appearance.

If she still does not know who was driving she cannot do this and she will simply have to defend the FtP charge. This will not be easy as it was entirely her fault that she did not receive the notice. If she fails she will have a hefty fine imposed and an insurance crippling endorsement (MS90). I think she needs to make up her mind who was driving.

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