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Verbal NIP/appeal after being convicted
45azam
post Tue, 14 Feb 2017 - 11:35
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Hello all,

First of all I couldn't find anything in the forums, but I'm sure someone will have asked this before, if so I apologise, could someone please post a link so not to go over old ground.

I was caught doing 56 in 30 zone and stopped at the scene. I have received the standard documentation regarding this, giving me options to plead guilty by post, in person or not guilty in person. I have 3 points from 10 months ago but prior to this had a clean licence for 20 years.

I will be pleading guilty - from my research, I'm looking at up to 6 points and a fine or a short ban and a fine.

Q, Is there any way of getting the short ban instead of the points? Is this something that you can request or is it it totally in the hands of the courts?

Thanks in advance.
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post Tue, 14 Feb 2017 - 11:35
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Jlc
post Tue, 14 Feb 2017 - 11:42
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You do not get to choose but could influence the bench.

That excess will require a court attendance to at least consider a ban.

I presume you want a ban to avoid being one offence away from a totting ban?


--------------------
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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Logician
post Tue, 14 Feb 2017 - 11:47
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It is totally in the hands of the court and many magistrates will feel that sitting on 9 points is more likely to cause you to modify your future driving habits than a short ban which is soon over and done with.


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45azam
post Tue, 14 Feb 2017 - 14:39
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Many thanks for your input guys.

Yes, I was thinking of totting up ban
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nosferatu1001
post Tue, 14 Feb 2017 - 14:50
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You coudl go along the liens of "I am aware that at that excess the court will likely feel there is no other alternative than to impose a ban..." or similar, to try to steer.
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45azam
post Wed, 2 May 2018 - 19:44
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Hi Guys,

I was unable to find this in the forum, if I've missed it could some please point me in the right direction.

Summary: I was stopped and issued a verbal NIP in August 2015. The paperwork for my court date (the speed I was driving at qualified me for 6 points) didn't arrive until March 2017. I was ultimately given 6 points and a fine in court. However, I have now come to release that they should have prosecuted within 6 months of the verbal NIP.

Question: is there any grounds to retrospectively appeal the prosecution based on it being time barred? or has the ship sailed as I accepted it at the time?

Thanks in advance
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Jlc
post Wed, 2 May 2018 - 19:49
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One presumes you submitted a guilty plea?

The 6 months is to commence the prosecution - not necessarily the court paperwork or hearing. (But is substantially longer than most cases we see just over the 6 months - assuming it was 2015/7?)


--------------------
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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45azam
post Wed, 2 May 2018 - 20:13
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Yes pleaded guilty.

Commencement of prosecution was outside the 6 month period.

I'm pretty much clutching at straws, wish I researched more thoroughly at the time.
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southpaw82
post Wed, 2 May 2018 - 20:14
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Far too little information to give you any meaningful advice.

Why did it take so long for the court paperwork to reach you?

When were you convicted?

The relevant six month period starts with the offence, not any NIP (ignoring that they occurred on the same day in your case).

QUOTE (45azam @ Wed, 2 May 2018 - 21:13) *
Commencement of prosecution was outside the 6 month period.

How do you know that?


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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.
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andy_foster
post Wed, 2 May 2018 - 20:16
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QUOTE (45azam @ Wed, 2 May 2018 - 20:44) *
Question: is there any grounds to retrospectively appeal the prosecution based on it being time barred? or has the ship sailed as I accepted it at the time?


No, no, no and no.

And please don't start new threads for existing cases.


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Andy

"Whatever the intention of Parliament was, or was not, the law is quite clear." - The Rookie
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45azam
post Wed, 2 May 2018 - 20:54
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Thanks
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