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BUSHBABY
Just thought I'd let you know I just got a court summons for an alleged 39 in a 30 speeding offence that I was supposed to have done in August last year, they claim that they sent me something called a notice of intended prosecution which they attatched asking for the drivers name at the time which I never recieved. They say that since I failed to reply, they are now intending to prosecute me for failng to supply the identity of the driver. This is the first I am hearing of this and I am understandably confused and distressed without a clue what to do. If i had recieved this notice of intended prosecution I would have naturally acted upon it by providing the required details. I am well aware that letters are often sent to the wrong people and in some cases not sent out at all. To make it even worse I just read the following site
i have just read that The NIP is said to be served when it has been posted using ordinary post, it is still valid even if it gets lost in the post. The burden of proof is on the potential defendant to prove that neither he nor the registered keeper received the notice and the prosecution only need to prove that the notice was posted.

This worries me as how am I supposed respond to a charge I was not aware of and how can I prove that I didnt recieve it. The very fact that they got no response to this notice of intended prosecution they claimed they sent me is the only proof I can give.
It has given me a real headache and left me dissollusioned with the justice system

If anyone can help it will be appreciated


Thanks for reading my comments
Fredd
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard, and then post the Wizard's output back here to enable us to help you.
firefly
QUOTE (BUSHBABY @ Thu, 18 May 2006 - 18:49) *
To make it even worse I just read the following site
i have just read that The NIP is said to be served when it has been posted using ordinary post, it is still valid even if it gets lost in the post. The burden of proof is on the potential defendant to prove that neither he nor the registered keeper received the notice and the prosecution only need to prove that the notice was posted.
What utter rubbish. angry.gif

Can you tell us which website you read that drivel on?
andy_foster
QUOTE (BUSHBABY @ Thu, 18 May 2006 - 18:49) *
To make it even worse I just read the following site
i have just read that The NIP is said to be served when it has been posted using ordinary post, it is still valid even if it gets lost in the post. The burden of proof is on the potential defendant to prove that neither he nor the registered keeper received the notice and the prosecution only need to prove that the notice was posted.


Your "quote" of the unknown site appears to be contradictory (as well as plainly wrong).

S.7 of the Interpretation Act 1978 provides that proof of posting creates a rebuttable presumption of delivery and that service is deemed to have been effected when the notice would have arrived in the normal course of the post, unless and until the contrary is proved.

You cannot provide positive proof of a negative - all you can do is give credible evidence under oath that it was not received.

If a NIP is sent by recorded delivery, the requirement to warn the driver/RK of an intention to prosecute is deemed to have been complied with - even if the notice never arrived - but this does not mean that proof of posting is proof of service.

All the prosecution can prove is that it was posted - which as I've said, creates a rebuttable presumption of service - but if you can prove that it wasn't served (delivered), it wasn't served.
BUSHBABY
QUOTE (Fredd @ Thu, 18 May 2006 - 19:39) *
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard, and then post the Wizard's output back here to enable us to help you.

Hello everyone. Thanks for all the help. I went throught th NIP wizard but it doesnt apply to me as my courtdate has been set and they are accusing me of failing to identify the driver but I never got a the NIP. The claim the sent me an N.I.P by second class post but I never got it. the first thing I ever heard about it was when I got my court summons. I cant believe that dur to the failure of either the ticket issuing systems or the postal service, I could end up with increased insurance premiums pplus points . Why do they not send these things recorded? Thanks in advance for your replies.

Bushbaby
firefly
QUOTE (andy_foster @ Thu, 18 May 2006 - 21:36) *
You cannot provide positive proof of a negative
Incredibly, I had an argument with a serving fed on another forum and he said the "unless and until the contrary is proved" provision was proving the NIP didn't leave the ticket office. wacko.gif



Oh, and the NIP wizard does apply to you, BUSHBABY. It'd be an idea to fill it in as best you can.
Quattro
QUOTE (BUSHBABY @ Tue, 23 May 2006 - 03:42) *
The claim the sent me an N.I.P by second class post


Are you sure about this point?
BUSHBABY
Thanks for this observer.
it will really give me food for thought in formulating my defence at my trial for failing to nominate the driver.

I got a court summons for an alleged 39 in a 30 speeding offence that I was supposed to have done in August last year, they claim that they sent me something called a notice of intended prosecution which they attatched asking for the drivers name at the time which I never recieved. They say that since I failed to reply, they are now intending to prosecute me for failng to supply the identity of the driver. This is the first I am hearing of this and I am understandably confused and distressed without a clue what to do. If i had recieved this notice of intended prosecution I would have naturally acted upon it by providing the required details. I am well aware that letters are often sent to the wrong people and in some cases not sent out at all.
how am I supposed respond to a charge I was not aware of and how can I prove that I didnt recieve it. The very fact that they got no response to this notice of intended prosecution they claimed they sent me is the only proof I can give. I have written letters to the cheif crown prosecuter and the court

It has given me a real headache and left me dissollusioned with the justice system
jeffreyarcher
Bushbaby, do you actually want any help, or are you just trying to annoy those whose help you seek?

Despite having been asked to supply some further information, you ignored it and hi-jacked another (old) thread.

You plead 'not guilty', and give sworn evidence at your trial that you never received the notice.

You should also submit any corroborative evidence, e.g. if there is a history of mail to your address going astray or perhaps, if you have a 'househusband' who always picks up the mail when the postman delivers, and he saw no letter from the police.
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