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FightBack Forums _ Speeding and other Criminal Offences _ summons 21st june( not long to decide)

Posted by: andypandy Mon, 7 Jun 2004 - 10:33
Post #14969

Well, I was thinking that my papers might of got lost in the system, but no such luck here.

Summons says
Between date**/ **/03 and **/**/04 having been required by cop FAILED TO GIVE information which was in your power to give. Contrary to sec 172 RTA1988 and schedule 2 RTOA 1988.

Clerk at scammer office Witness statement says

blah blah then the interesting bit.

a nip request was served to the keeper of the vehicle w1** *** to disclose the identity of the driver, at the time of the alleged offence, exceeding the speed limit, time 12.12 */12/03 on blah road, the speed limit is 30mph and the recorded speed was 37mph.

I produce a copy of this notice as exhibit cj3 in evidence, no reply has been received in relation to the completion of this notice.

Nevertheless correspondence has been received in relation to this notice which i produce as exhibit JJ4, JJ5, JJ6 in evidence.


signed JJ



Now the JJ3 evidence attached with the summons is a copy of the original nip, which I never returned and a copy of the Bluster nip which I had filled out the section which says

I am the *owner/ keeper/hirer of the vehicle, but i am unable to identify the driver of the vehicle at the time of the alleged offence. (* delete the appropriate, I crossed out the keeper/ hirer), signed and dated.

JJ4 JJ5 JJ6 have not been sent with the summons.

these will be my letters to the scammers, the first one being the unsure of driver and naming myself and wife, sent within the 28 day limit

the second asking what more I could do, and the third could be my stupid letter saying that I am now able to identify.DOH

I have highlighted the no relpy section hoping this is a Leicester played 3 won 3 option. If so I do I play it.

The other evidence has not been supplied yet!!, but could be, if I go NOT guilty.



On the Notice to defendant : proof by written statement

It mentions about the statements and witnesses, and whether I object to them. It gives me seven days to respond( not long). The tear off at the bottom of the page has 3 options( delete which does not apply)

1 I have received the documents enclosed with this notice.
2 I do not object to any statements being tendered in evidence
3 I object to the following statements being tendered in evidence

I assume I delete 1 and 3 leaving 2?? is this right.


I dont want to roll over and give in, if there is a chance of fighting it. May even consider a solicitor( John josephs hopefully)

The more knowledgeable, would you please give me some advice.


Andypandy

Posted by: Odd Job Mon, 7 Jun 2004 - 19:50
Post #15019

QUOTE
and the third could be my stupid letter saying that I am now able to identify


What exactly did this letter say ?. If you named yourself as driver and signed the letter, then surely you have fulfilled your obligations under sec 172, and they cannot now prosecute. Jones v DPP has decided that the NIP does not have to be completed as long as the required info is provided in a signed statement (letter).

Posted by: bigsi Tue, 8 Jun 2004 - 16:46
Post #15073

Hi Andy Pandy,

I'm still waiting for my summons, got one in Feb, pleaded not guilty, not heard anything since.

Just looked mine up, identical! Bizzare, we could have been done in the same place, they have sent me a copy of the NIP, totally wrong date on it, it would make it time expired.

Good luck, and if you need some moral support, pm me and I'll book the day off and be there.

Si 8)

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