PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

Time limits and identification
coffee pot
post Sun, 8 Apr 2018 - 11:44
Post #1


Member


Group: Members
Posts: 18
Joined: 8 Apr 2018
Member No.: 97,421



I passed a camera van on 10 Sept 2017. I received an NIP within a couple of days and replied to that with a letter of explanation clearly identifying myself as the driver. I heard nothing more until I received a letter dated 26 March 2018 with a summons for exceeding the speed limit and a contravention of S172 - not identifying the driver. Unfortunately I was away over Easter and only opened it on my return. They also enclosed a copy of my letter, so I know it was received. There are several questions arising from this, but the first one I would appreciate thoughts on are the period of time that has elapsed is it is over 6 months from the alleged offence to the letter being sent to me - and thus presumably before notifying a Court. Is this still valid?
Go to the top of the page
 
+Quote Post
5 Pages V  « < 3 4 5  
Start new topic
Replies (80 - 88)
Advertisement
post Sun, 8 Apr 2018 - 11:44
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Churchmouse
post Tue, 10 Apr 2018 - 21:57
Post #81


Member


Group: Members
Posts: 1,881
Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



The whole point of the s172 process (in relation to the driver) is to establish the legally conclusive identification of the driver of a particular vehicle at a particular time and place. If what you wrote in your letter did not do that, it would not be sufficient for purposes of s172. That the police actually know who you are is irrelevant (except to explain how they managed to send the court papers to you).

--Churchmouse
Go to the top of the page
 
+Quote Post
coffee pot
post Wed, 11 Apr 2018 - 20:28
Post #82


Member


Group: Members
Posts: 18
Joined: 8 Apr 2018
Member No.: 97,421



Advice from solicitor supportive. I shall keep you updated.
Go to the top of the page
 
+Quote Post
IanJohnsonWS14
post Fri, 13 Apr 2018 - 08:27
Post #83


Member


Group: Members
Posts: 226
Joined: 2 Aug 2005
Member No.: 3,508



QUOTE (coffee pot @ Wed, 11 Apr 2018 - 20:28) *
Advice from solicitor supportive. I shall keep you updated.


Solicitors always are, win or lose they still get paid .


--------------------
Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
Go to the top of the page
 
+Quote Post
southpaw82
post Fri, 13 Apr 2018 - 12:13
Post #84


Member


Group: Members
Posts: 28,581
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



QUOTE (IanJohnsonWS14 @ Fri, 13 Apr 2018 - 09:27) *
QUOTE (coffee pot @ Wed, 11 Apr 2018 - 20:28) *
Advice from solicitor supportive. I shall keep you updated.


Solicitors always are, win or lose they still get paid .

Bulls**t.


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


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
cp8759
post Wed, 18 Apr 2018 - 16:44
Post #85


Member


Group: Members
Posts: 4,617
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (NewJudge @ Mon, 9 Apr 2018 - 16:45) *
Thanks again, cp, in particular for this (of which I was not aware):

QUOTE
As I understand it, the written charge & requisition / SJPN is transmitted to the court immediately when it is issued, or in any event on the day it is issued,...

If I am correct (I'm waiting to get definitive confirmation), the whole issue is entirely academic as the written charge is always sent to the court immediately, probably before it is even printed off.


I was unaware of the mechanics involved and had visions of prosecutors with quill pens writing their SJPNs out before carefully blotting them, only then to drop them down the back of their desk to be discovered by the cleaner a few months later (or something like that) biggrin.gif

If the process works as you describe then the issue date is all that matters.

I've had confirmation an electronic link is used, it's called the Criminal Justice System Exchange, and it allows the police to connect directly to the HMCTS Case Management System. Actual documents are not exchanged, the information is sent as formatted data based on the secure protocol that has been set up, this is a national system. This suggests the only date that matters is the date of issue.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
NewJudge
post Wed, 18 Apr 2018 - 17:51
Post #86


Member


Group: Members
Posts: 1,557
Joined: 29 Oct 2008
Member No.: 23,623



Thanks CP. I think that information will address a number of queries regarding the SJP on here.
Go to the top of the page
 
+Quote Post
Jlc
post Wed, 18 Apr 2018 - 18:24
Post #87


Member


Group: Members
Posts: 28,868
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



So within the 6 months here?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
cp8759
post Wed, 18 Apr 2018 - 19:01
Post #88


Member


Group: Members
Posts: 4,617
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (Jlc @ Wed, 18 Apr 2018 - 19:24) *
So within the 6 months here?

Without re-reading the thread, I believe so.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
Go to the top of the page
 
+Quote Post
coffee pot
post Mon, 14 May 2018 - 21:04
Post #89


Member


Group: Members
Posts: 18
Joined: 8 Apr 2018
Member No.: 97,421



Just to conclude this thread; I pleased guilty with mitigation to speeding and not guilty to the S172 offence. I did end up with 3 points and an income adjusted fine which was less than I was expecting, so the mitigation helped. The S172 case was dropped.Thank you all again for your help.
Go to the top of the page
 
+Quote Post

5 Pages V  « < 3 4 5
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: Tuesday, 25th September 2018 - 14:00
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.