[NIP Wizard] Licence was lost in post - court action? |
[NIP Wizard] Licence was lost in post - court action? |
Sat, 21 Apr 2018 - 13:00
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#1
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New Member Group: Members Posts: 5 Joined: 21 Apr 2018 Member No.: 97,618 |
NIP Details and Circumstances
What is the name of the Constabulary? - Date of the offence: - October 2017 Date of the NIP: - 8 days after the offence Date you received the NIP: - 123 days after the offence Location of offence (exact location as it appears on the NIP: important): - Bury Road near to Kingston Road, Bury, UNITED KINGDOM Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - Not known If your are not the Registered Keeper, what is your relationship to the vehicle? - How many current points do you have? - 0 Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - My logbook was in my old address and so it took longer for the speeding letter to arrive at my correct address. Once I read it, I admitted that it was me and sent off the payment and my licence straight away. My licence was lost in the post, so I was issued with a reminder letter saying that my licence is required on 21/3/18. I emailed the helpline straight away and explained my situation and they told me I would need to send off for another licence, which I did straight away. As soon as it arrived I sent the licence off with the letter filled out correctly, and a short note explaining what had happened. In the mean time I received a notice saying that the matter will be taken to court because I have failed to surrender my licence. I have now been sent a single justice prcedure notice which includes a police report, information for the magistrate (pre filled out) and charge details. It states that I have 21 days from the posting date to make my plea, which I can do online. Meanwhile my licence has arrived at the ticketing office so they still have it now. Basically I'm wanting to know is this now my only option - to go along with it and get charged by the courts? Or can I appeal? It states on the letter: Reason: Payment, but no licence No licence was received in time & so the prosecution had to incur the cost of preparing the case for court. Thank you in advance! NIP Wizard Responses These were the responses used by the Wizard to arrive at its recommendation: Have you received a NIP? - Yes Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes Did the first NIP arrive within 14 days? - Unsure Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes Were you driving? - Yes Which country did the alleged offence take place in? - England NIP Wizard Recommendation Based on these responses the Wizard suggested that this course of action should be considered:
Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 21 Apr 2018 13:00:05 +0000 |
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Sat, 21 Apr 2018 - 13:00
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Sat, 21 Apr 2018 - 13:04
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#2
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
Easy option, use postal plea and mention the guidance:
QUOTE where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances. Best result would be 3 points, £100. Alternatively, you could 'fight' that you complied with the CoFP (and prosecution is not possible) but will have to attend court with no guarantee of success. -------------------- 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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Sat, 21 Apr 2018 - 13:07
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#3
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
and sent off the payment and my licence straight away. Was your payment also lost? -------------------- |
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Sat, 21 Apr 2018 - 13:12
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#4
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New Member Group: Members Posts: 5 Joined: 21 Apr 2018 Member No.: 97,618 |
Easy option, use postal plea and mention the guidance: Thanks, would I mention the guidance under the 'what you want the magistrage to consider when making a decision about your guilty plea' box? Or under 'tell us here if you object to the evidence in the police report and why'. There's a box for contesting the prosecutor's costs of £85 too.QUOTE where a penalty notice could not be offered or taken up for reasons unconnected with the offence itself, such as administrative difficulties outside the control of the offender, the starting point should be a fine equivalent to the amount of the penalty and no order of costs should be imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in these circumstances. Best result would be 3 points, £100. Alternatively, you could 'fight' that you complied with the CoFP (and prosecution is not possible) but will have to attend court with no guarantee of success. and sent off the payment and my licence straight away. Was your payment also lost? |
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Sat, 21 Apr 2018 - 13:41
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#5
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Because many people don’t read the instructions and do exactly that.
This is a good case, if the court believe you sent the two in the same letter then they have to accept they received them, in which case you complied with the requirements and that is an absolute bar to prosecution, that THEY lost your licence shouldnt impact you. It’s whether the court believe you did sent them together. -------------------- 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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Sat, 21 Apr 2018 - 17:28
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#6
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
This is a good case, if the court believe you sent the two in the same letter then they have to accept they received them, in which case you complied with the requirements and that is an absolute bar to prosecution, that THEY lost your licence shouldnt impact you. It’s whether the court believe you did sent them together. For once the odds are in the OP's favour, it is intrinsically more likely that a motorist would send his licence and payment in the same envelope, rather than separately (why would anyone do such a thing, and pay the postage twice?). -------------------- 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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Sat, 21 Apr 2018 - 18:50
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#7
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
They don’t, but people do pay online and not send the licence, but presumably the Police ticketing office will have to confirm the payment was received by a postal method.
In addition why would someone who may have forgotten to send their licence not then send it but get a new one...... This post has been edited by The Rookie: Sat, 21 Apr 2018 - 18:51 -------------------- 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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