How long for a summons to arrive? |
How long for a summons to arrive? |
Sun, 4 Nov 2018 - 16:22
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#1
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New Member Group: Members Posts: 3 Joined: 4 Nov 2018 Member No.: 100,770 |
Before I give the details of my case can I state that I know I have been extremely stupid and I am ashamed and embarrassed by my behaviour.
I was sent a NIP for doing 36 in a 30 zone and admitted that I was driving on a provisional licence, and whilst uninsured. The NIP was responded to 7 months ago and since then I have taken and passed my test. The NIP offered a driving awareness course which I of course could not take advantage of. How long will it be before I receive a court summons and am I likely to lose my licence and get banned? I fully accept that I have committed the offences but not knowing what is happening is causing me extreme anxiety and stress. Any advice would be most welcomed Regards Idiot2018 |
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Sun, 4 Nov 2018 - 16:22
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Sun, 4 Nov 2018 - 16:31
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#2
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Member Group: Members Posts: 56,195 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Why couldn’t you take the awareness course? The ‘of course’ is lost on me.
It depends what your charged with, but if found guilty of the no insurance it will be six points, however if the offence was commited before passing your test you won’t lose it under the new drivers act (revoked, not banned) nor will you be banned for the offence. You’ll normally only get points for the worst offence and just a fine for the others. Did the police suggest you were uninsured/on a provisional (presumably no L plates or accompanying driver, otherwise I’m not sure how it matters) or did you tell them, or are they actually unaware? They have up to 6 months from the offence date to commence proceedings (send paperwork) and usually take most of that time. After 7 months it looks likley it dropped off the table, or possible paperwork has gone to an old address? This post has been edited by The Rookie: Sun, 4 Nov 2018 - 16:38 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
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Sun, 4 Nov 2018 - 16:56
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#3
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New Member Group: Members Posts: 3 Joined: 4 Nov 2018 Member No.: 100,770 |
I was told that as a provisional licence holder I couldn’t take a SAC.
I was advised to tell them that I was a provisional licence holder with no insurance. Photographic evidence clearly shows me driving unaccompanied. The other query I have is that the NIP said I couldn’t challenge the calibration of the equipment - it was a van parked up on the side of the road. Oh and thank you for your response Regards Idiot 2018 |
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Sun, 4 Nov 2018 - 16:59
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#4
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Member Group: Members Posts: 41,503 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Who advised you that?
Of course the calibration can be challenged - but is unlikely to successful. But I think it's the least of your worries right now. -------------------- 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, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 4 Nov 2018 - 17:40
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#5
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Member Group: Members Posts: 2,389 Joined: 10 Jun 2010 Member No.: 38,126 |
I am confused here as to what you have received and what you have responded with.
Can you detail what you have received and how you responded to it. Who exactly did you tell of your provisional and your lack of insurance, and how did you tell them? |
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Sun, 4 Nov 2018 - 18:07
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#6
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Member Group: Members Posts: 56,195 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
How to make a crisis out of a minor drama.
There was nothing to be gained by admitting further offence they were unlikely to investigate or find out about. The fact you were on a provisional of itself isn’t relevant but you didn’t answer my question about that above. There was no reason you couldn’t take the offered course. Whoever advised you has probably turned a £100 course into probably 6 points, circa £800 in fines and costs and a doubling of your insurance next year and significant increases for five years. I’d not send them a Christmas card this year! The saving grace is at 7 months it looks like you may have fallen through the net, caveat being you didn’t answer my question on that either. This post has been edited by The Rookie: Sun, 4 Nov 2018 - 18:10 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 4 Nov 2018 - 18:18
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#7
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Member Group: Life Member Posts: 24,212 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
They have up to 6 months from the offence date to commence proceedings (send paperwork) and usually take most of that time. After 7 months it looks likley it dropped off the table, or possible paperwork has gone to an old address? They have 6 months to instigate proceedings from the date of offence for speeding offences, and 6 months from when sufficient information came to the knowledge of the prosecutor for certain other offences, including insurance offences and driving otherwise than in accordance with a licence. The statute requires the notice to be issued within the 6 months, not served. I was advised to tell them that I was a provisional licence holder with no insurance. We don't particularly care what you were told, or why you did it (except for certain posters who consider it useful to point out that you could have done something different when it is too late to do anything about it). What we want to know is what the police know (or failing that, what you have told them). -------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Sun, 4 Nov 2018 - 23:26
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#8
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Member Group: Members Posts: 2,356 Joined: 30 Jun 2008 From: Landan Member No.: 20,731 |
There was no reason you couldn’t take the offered course. I've never actually been on a speeding course (shocking, I know), but I'd assumed they would check the attendees' driving licences. A Provisional licence holder could "legally" commit a driving offence (e.g., whilst accompanied), and a course was apparently offered, so I am puzzled as to why the OP was told/assumed that she/he could not attend the course. Can you clarify, OP? --Churchmouse |
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Mon, 5 Nov 2018 - 00:40
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#9
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Member Group: Members Posts: 784 Joined: 9 Dec 2010 Member No.: 42,764 |
An NDORS course can only be offered if it is for the sole offence detected.
For example a person speeding through a red light, not wearing a seat belt would not get any course option but would go straight to court as a 'multiple offender', but being detected for each of those offences individually at 3 different times would result in 3 course offers. In the OP's situation it sounds like they were aware of the provisional driver offences so a SAC was not available as an option. (And if a passport were used as ID at the course there would be no reason to fess up to being a provisional driver.) This post has been edited by squaredeal: Mon, 5 Nov 2018 - 00:42 |
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Mon, 5 Nov 2018 - 06:14
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#10
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Member Group: Members Posts: 56,195 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
As it WAS offered though SD, that seems not to apply here.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Mon, 17 Dec 2018 - 19:40
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#11
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New Member Group: Members Posts: 3 Joined: 4 Nov 2018 Member No.: 100,770 |
Thank you for all the responses. I used the Plea Online, admitted my guilt and added a plea of mitigation. Got notified that I have received 3 penalty points and a fine of £596 including costs etc. I know how lucky I have been and I will never again be so stupid.
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Mon, 17 Dec 2018 - 20:01
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#12
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Thank you for all the responses. I used the Plea Online, admitted my guilt and added a plea of mitigation. Got notified that I have received 3 penalty points and a fine of £596 including costs etc. I know how lucky I have been and I will never again be so stupid. So you weren't charged with no insurance? -------------------- |
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Mon, 17 Dec 2018 - 20:41
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#13
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
So you got away with no insurance and no licence, a lucky outcome indeed.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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