Receiving a Single Justice Procedure Notice (SJPN) can be alarming, especially when you were not the driver at the time of the alleged offence. Many people feel confused and pressured to respond quickly, but clarity comes from understanding your legal responsibilities and how the court approaches these situations.
This guidance explains, in plain English, what an SJPN is, what your duties are as the registered keeper, and how to respond if someone else was driving your vehicle.
Understanding the issue or context
A Single Justice Procedure Notice is typically issued for road traffic offences such as speeding or failing to provide driver information. It allows the case to be dealt with by a single magistrate without a full court hearing—unless you contest the allegation.
If you were not the driver, the situation can feel particularly stressful. Many people worry that they will be blamed simply because the vehicle is in their name. Understanding your obligations under UK traffic law can help you respond confidently and avoid further penalties.
The legal rules or framework
1. Your duty as the registered keeper
Even if you were not driving, the law requires you to:
- identify the driver, or
- explain why you cannot with a reasonable excuse.
This duty arises under Section 172 of the Road Traffic Act 1988.
2. Failing to name the driver is a separate offence
If the police believe you did not provide the information requested, they may issue:
- an SJPN for failing to provide driver details,
- or a notice for the underlying offence (e.g., speeding).
3. Reasonable excuse
You can defend a failure-to-identify charge if you can show:
- you exercised reasonable diligence to find out who the driver was, or
- it was not reasonably practicable to provide the information.
In your situation, you explained that:
- your partner’s friend was test-driving your car,
- you had just given birth,
- you provided details as accurately as you could at the time.
These are relevant factors when explaining your position.
4. You can enter a plea and provide an explanation
The SJPN allows you to:
- plead not guilty, and
- provide evidence explaining why you were not the driver and why you responded as you did.
A not guilty plea usually results in a court hearing, where you can present your explanation in full.
Practical steps to take (step-by-step guidance)
1. Read the SJPN carefully
Identify:
- which offence is alleged,
- whether it relates to speeding or failure to provide driver details,
- the deadline for replying.
Missing the deadline creates further risk.
2. Gather your evidence
Your evidence may include:
- written confirmation of who was test driving the car,
- messages or calls between you, your partner, or the friend,
- evidence relating to your recent childbirth,
- your efforts to provide the information requested by the police.
The court values clear, factual explanations.
3. Respond to the SJPN
You can:
- plead not guilty if you were not driving and believe you had a reasonable excuse for any delay or difficulty in naming the driver,
- attach a short explanation of your circumstances.
4. Prepare for a court hearing
If the matter goes to a hearing:
- explain that you were not the driver,
- demonstrate the steps you took to identify the driver,
- clarify any factors that made it difficult (e.g., your postpartum recovery).
5. Consider seeking legal advice
A solicitor can help assess:
- whether your explanation meets the legal threshold,
- how best to present your evidence,
- any risks of conviction or points on your licence.
Common pitfalls to avoid
- Ignoring the SJPN. This can lead to automatic conviction.
- Pleading guilty just to avoid court. If you were not the driver, you have the right to contest the allegation.
- Giving incomplete information. The court needs a clear explanation of why you could not provide the driver details earlier.
- Assuming the court will “see what happened” without evidence. Written evidence helps establish credibility.
Avoiding these pitfalls ensures your case is presented fairly.
Frequently Asked Questions
Can I be convicted even if I wasn’t driving?
Yes—if the court decides you did not provide the required information. This is why a clear, evidence-based explanation is essential.
Is a partner’s friend counted as a lawful driver?
Yes, provided they had valid insurance. Their identity is still required for investigation.
Does recent childbirth count as a reasonable excuse?
It can, particularly if it affected your ability to gather information or respond promptly.
What happens if I plead not guilty?
Your case will be transferred to a magistrates’ court for a full hearing.
Can the friend be pursued instead?
Yes, once their details are confirmed, the police can redirect the matter.
Should I get a solicitor?
Legal advice is helpful in cases involving alleged failure to provide driver information, as penalties can be significant.
Conclusion
If you’d like to understand your rights and options in plain English, visit LegalGuidance.org — a free resource powered by Martin Taggart Legal Consulting.
For professional, fixed-fee advice from a UK solicitor, visit MartinTaggart.com.
This information is general guidance only and not legal advice. For personalised support, please contact Martin Taggart Legal Consulting.