NIP - Speeding |
NIP - Speeding |
Sat, 18 Jul 2020 - 23:33
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#1
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Member Group: Members Posts: 36 Joined: 6 Jul 2020 Member No.: 109,061 |
Hi
Please can you help me with this: - Received a NIP for speeding, 68 mph in 50 mph limit. - After replying, I received conditional offer of fixed penalty (£100 + 3 points), or court hearing. I was not offered the awareness course. - The offence date is 06/05/20. The NIP letter dated 12/05/20. I received the NIP letter on 22/5/20. The police say the delay in the posting is not their responsibility. They advised me to check with the post office as to why getting the post late. Can COVID-19 be an acceptable excuse for the delay? - The conditional offer letter is dated 17/6/20. I received it on 3/7/20. After complaining, they agreed to extend the 28 days period within which I had to respond with my option. - I requested photo and video footage evidence. They sent me two photos only, captured the front view of the car. They also said "With regards to the footage you have also requested, that can only be viewed, should this matter proceed to court". Look forward to hearing from you. |
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Sat, 18 Jul 2020 - 23:33
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Wed, 25 Nov 2020 - 14:03
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#81
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Member Group: Members Posts: 4,746 Joined: 29 Oct 2008 Member No.: 23,623 |
Excellent news. Thanks for letting us know.
Just to help us to help others, when you say "case dismissed" were you found Not Guilty after giving your evidence or did the prosecution fold before that? |
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Fri, 27 Nov 2020 - 00:03
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#82
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Member Group: Members Posts: 36 Joined: 6 Jul 2020 Member No.: 109,061 |
Excellent news. Thanks for letting us know. Just to help us to help others, when you say "case dismissed" were you found Not Guilty after giving your evidence or did the prosecution fold before that? First of all, I would like to express my gratitude to all of those who helped out with their advice and feedback. Their contribution boosted my confidence and played a valuable role when it came to writing up my statement of defence. What happened was that on the day before the hearing I emailed copies of my Statement of Defence along with the supporting evidence to the Magistrates and the Prosecution. Then next day, while I was waiting to be called for the hearing, the Usher came back to me and told me that there was no need for me to attend the hearing, "Your case has been dismissed!". I was so jubilant I could not help cracking a joke saying "was it because of my irrefutable statement of defence?". |
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Fri, 27 Nov 2020 - 00:32
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#83
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Member Group: Members Posts: 1,271 Joined: 16 Jul 2015 Member No.: 78,384 |
Well done you. I am glad to hear this.
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Fri, 27 Nov 2020 - 07:40
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#84
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
That sounds like the prosecution withdrew the case as opposed to being dismissed by the court (which I can't see happening under these circumstances at all).
-------------------- 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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Fri, 27 Nov 2020 - 21:49
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#85
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Member Group: Life Member Posts: 24,213 Joined: 9 Sep 2004 From: Reading Member No.: 1,624 |
Or the prosecution asked the court to dismiss the case?
-------------------- Andy
Some people think that I make them feel stupid. To be fair, they deserve most of the credit. |
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Wed, 2 Dec 2020 - 15:19
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#86
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Member Group: Members Posts: 683 Joined: 19 Jul 2017 Member No.: 93,086 |
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Wed, 2 Dec 2020 - 16:26
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#87
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Congrats to the OP for facing it out. But there was no claim of innocence. In the eyes of the law there is no 'innocence', just guilty or not guilty, and he was not guilty which can be considered akin to innocent really? -------------------- 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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Wed, 2 Dec 2020 - 17:47
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#88
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Member Group: Members Posts: 258 Joined: 9 Aug 2020 Member No.: 109,369 |
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Wed, 2 Dec 2020 - 22:15
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#89
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Member Group: Members Posts: 36 Joined: 6 Jul 2020 Member No.: 109,061 |
FYI, in my written defence, I did not make any reference to the actual speeding incident or argue against it. I concentrated on establishing the procedural impropriety of the NIP being delivered late.
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Thu, 3 Dec 2020 - 00:06
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#90
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Member Group: Members Posts: 683 Joined: 19 Jul 2017 Member No.: 93,086 |
Congrats to the OP for facing it out. But there was no claim of innocence. In the eyes of the law there is no 'innocence', just guilty or not guilty, and he was not guilty which can be considered akin to innocent really? I was responding to notmeatloaf's gloat that it was one in the eye for the police 'by an innocent party'. Which, in this context, implies op was not carrying out the alleged unlawful act at all. Clearly op is innocent in the legal sense of not having been found guilty in a court case. No stain on his character etc. And to repeat myself, I have no problems with op researching and benefitting from a procedural error. I would have done the same myself. Well done that man. But if the police hadn't erred, from what we have been told, there would have been no defence. |
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