PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

MS90 - forgot to post NIP
permanentjetlag
post Tue, 12 Nov 2019 - 12:06
Post #1


New Member


Group: Members
Posts: 3
Joined: 8 Nov 2019
Member No.: 106,543



Yes, this is as stupid as it sounds.

Received an NIP end of August for speeding (67 in a 60...if it's relevant). Filled out the form in September, dated, signed and....didn't post it. Was out the country most of October, remembered the stupid letter and posted on my return.
Yesterday I received a letter saying my 28 day period was up and the case was closed and with the courts. I'm assuming this means I'm being tried for an MS90 and/or the original offence.

One tearful phone call to the traffic unit later and there's nothing they can do. I can submit mitigating circumstances with the court paperwork and was advised to but "I was really stressed and forgot" doesn't sound too convincing to me and probably won't for a magistrate either.
I'm fine to pay and will be-grudgingly accept points because this is my own fault and I can't claim I didn't receive it, so can't do an SD. Being tried and convicted could have a really negative impact on my future career. I'm training as a solicitor (sadly corporate so I have no idea about any of this) and we have to declare all convictions to the SRA on qualification.

I've been panicking all day that I've ruined my career and got myself in a whole mess for something as simple as forgetting to post a letter.

Any advice or calming words would be very appreciated sad.gif

ETA: in my panic on receiving the NIP, I missed the part about 28 days. I was genuinely unaware (although accept this is through my own stupidity).

Also, speeding offences don't have to be declared to the SRA so my ideal would be to get rid of the MS90 somehow and stump up for the original offence.

This post has been edited by permanentjetlag: Tue, 12 Nov 2019 - 12:11
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Tue, 12 Nov 2019 - 12:06
Post #


Advertise here!









Go to the top of the page
 
Quote Post
BaggieBoy
post Tue, 12 Nov 2019 - 12:15
Post #2


Member


Group: Members
Posts: 6,380
Joined: 3 Apr 2006
From: North Hampshire
Member No.: 5,183



It's possible that when the court paper (most likely a Single Justice Procedure Notice) is issued it may have both the speeding charge and the failing to furnish charge. If this is the case then you would need to get this transferred to an actual court and turn up on the day. Find the prosecutor and offer to plead guilty to the lesser speeding charge if they agree to drop the failing to furnish charge. It's all very routine and will almost certainly be agreed. They might even agree to sentence at the fixed penalty level but that is probably unlikely.

If they don't list the speeding charge then your option are somewhat limited, as you are clearly guilty to the failing to furnish and pleading not guilty is realistically only going to make the fine and costs larger.

Are you sure it was 67 in a 60, as that is below the normal threshold for action to be taken?
Go to the top of the page
 
+Quote Post
permanentjetlag
post Tue, 12 Nov 2019 - 12:35
Post #3


New Member


Group: Members
Posts: 3
Joined: 8 Nov 2019
Member No.: 106,543




QUOTE (BaggieBoy @ Tue, 12 Nov 2019 - 12:15) *
It's possible that when the court paper (most likely a Single Justice Procedure Notice) is issued it may have both the speeding charge and the failing to furnish charge. If this is the case then you would need to get this transferred to an actual court and turn up on the day. Find the prosecutor and offer to plead guilty to the lesser speeding charge if they agree to drop the failing to furnish charge. It's all very routine and will almost certainly be agreed. They might even agree to sentence at the fixed penalty level but that is probably unlikely.

If they don't list the speeding charge then your option are somewhat limited, as you are clearly guilty to the failing to furnish and pleading not guilty is realistically only going to make the fine and costs larger.

Are you sure it was 67 in a 60, as that is below the normal threshold for action to be taken?


So really my best option is to hope that the speeding charge IS listed on the SJPN?


Sorry, a mis-type (at work panicking between calls) - it was 69 in a 60.

This post has been edited by permanentjetlag: Tue, 12 Nov 2019 - 12:35
Go to the top of the page
 
+Quote Post
southpaw82
post Tue, 12 Nov 2019 - 13:36
Post #4


Member


Group: Members
Posts: 30,458
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



I doubt the SRA will give a stuff but then I’m regulated by a sensible regulator.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
NewJudge
post Tue, 12 Nov 2019 - 14:15
Post #5


Member


Group: Members
Posts: 2,223
Joined: 29 Oct 2008
Member No.: 23,623



QUOTE (permanentjetlag @ Tue, 12 Nov 2019 - 12:06) *
...and I can't claim I didn't receive it, so can't do an SD.

You can't do one anyway because you have not been convicted of anything.
Go to the top of the page
 
+Quote Post
permanentjetlag
post Tue, 12 Nov 2019 - 14:23
Post #6


New Member


Group: Members
Posts: 3
Joined: 8 Nov 2019
Member No.: 106,543



QUOTE (southpaw82 @ Tue, 12 Nov 2019 - 13:36) *
I doubt the SRA will give a stuff but then I’m regulated by a sensible regulator.


That must be a nice feeling rolleyes.gif their website is annoyingly ambiguous on this but as I haven't been dishonest or imprisoned, I'm hoping they won't refuse me because I essentially forgot to post a letter.

This post has been edited by permanentjetlag: Tue, 12 Nov 2019 - 14:23
Go to the top of the page
 
+Quote Post
southpaw82
post Tue, 12 Nov 2019 - 17:51
Post #7


Member


Group: Members
Posts: 30,458
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (permanentjetlag @ Tue, 12 Nov 2019 - 14:23) *
QUOTE (southpaw82 @ Tue, 12 Nov 2019 - 13:36) *
I doubt the SRA will give a stuff but then I’m regulated by a sensible regulator.


That must be a nice feeling rolleyes.gif their website is annoyingly ambiguous on this but as I haven't been dishonest or imprisoned, I'm hoping they won't refuse me because I essentially forgot to post a letter.

I can't see it myself. I think you've learned an important lesson as a young [almost] layer - that even as a lawyer you don't know everything about the law, as you've admitted. Trust me, you never will!


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Logician
post Tue, 12 Nov 2019 - 21:51
Post #8


Member


Group: Members
Posts: 12,320
Joined: 28 Mar 2010
Member No.: 36,528



You had better switch to domestic conveyancing where failing to do anything in a timely fashion is the standard procedure!


--------------------



Go to the top of the page
 
+Quote Post
southpaw82
post Tue, 12 Nov 2019 - 22:08
Post #9


Member


Group: Members
Posts: 30,458
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (Logician @ Tue, 12 Nov 2019 - 21:51) *
You had better switch to domestic conveyancing where failing to do anything in a timely fashion is the standard procedure!

I thought conveyancing was all done by unqualified clerks conveyancing managers.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Friday, 13th December 2019 - 11:06
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.