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BLART
NIP Details and Circumstances
Date of the offence: - May 2006
Date of the NIP: - 14 days after the offence
Date you received the NIP: - 71 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A11 Barton Mills
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - Lease car
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 - Exceeding 50 mph limit (62 mph). It was so long ago I really don't remember!!! Car is owned by leasing co. :-(

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Which country did the alleged offence take place in? - England
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - No
Although you are not the Registered Keeper, were you the keeper of the vehicle concerned (the person normally responsible for it)? - Yes
Is the NIP addressed to you personally? - Yes
Were you driving? - Yes

Received a letter worded as follows:
I refer to the Notice of Intended Prosecution and/or correspondence with the above alleged offence involving registration number XYZ. To date, the driver details have not been received. You are advised that, as this has not been received at this office within the requisite period, the file will be forwarded for prosecution for the offence of failure to provide driver details; you will receive further documentation in this connection in due course. You should be aware that, when dealt with by a court, the maximum penalty for an offence of failing to provide details under Section 172 of the Road Traffic Act is a £1000 fine and three penalty points on your driving licence.

So........my initial thought was 'what the hell am I supposed to have done??????!!!' I received this on a Friday just before starting a two week holiday. I spent the day trying to get through to the ticket office call centre (I kept getting a recorded announcement saying that all lines are busy). I e-mailed them a couple of times asking them to explain exactly what it was I was supposed to have done. So now I'm due on holiday for 2 weeks (a great start!) and told them I would have no access to e-mail or a mobile over this period.

03/07/06 - I receive an e-mail saying that a copy of the original paperwork will be sent in 14 days and time will be given to respond. (I'm still none the wiser!!!)

20/07/06 - I receive a letter saying:
I refer to your recent communication in connection with the above numbered offence. A copy of the original form is enclosed for your attention and you must now ensure that you submit a formal response within the next 14 days, as failure to do so may result in court proceedings against you. I therefore look forward to seeing you shortly.
(An NIP is attached - Dated 24/05/2006 (Don't forget I drive a lease car so they have more than 14 days to write to me!) - First I'd seen of it but at least I now know what I'm supposed to have done! Did they really send it? Did the post office lose it? Did the postman deliver it? Who knows? I certainly didn't get it!!)

31/07/06 - I wait 12 days and send the PACE form (plus copies of all the e-mails I sent) via special delivery to the Chief Constable.

02/08/06 - I receive a letter saying:
Thank you for your recent correspondence in relation to the above. I can inform you that there is no need to caution an individual in these circumstances. Code C Section 10.1 (b) of the Police and Criminal Evidence Code of Practise provides a specific exemption in this case, i.e. 'to obtain information in accordance with any relevant statutory requirement.' The obligation to provide information as required by Section 172 of the Road Traffic Offenders Act 1988 is mandatory. As you have supplied sufficent driver details in order for us to proceed with this matter a Conditional Offer form is enclosed. Please note that you have 28 days from its date of issue within which to complete and return it to this office.
(A Conditional Offer (3 points / £60) is attached and dated 02/08/2006)

Any suggestions in terms of what I do next please?

Many thanks in advace,

BLART
crystal
Hi,

First read THIS.

Now you know you are not alone smile.gif

To fight ignore it

To give them the satisfaction of winning pay up

Regards
Crystal
BLART
Very useful Crystal. Thanks very much.

I'm really up for fighting it BUT not sure I'd have the confidence in knowing my rights to stand up in court. Just say I end up in court and lose........As a rule of thumb, am I likely to end up with more than 3 points / £60. ie Do they penalise you for being a smart-ar*e?

Cheers,

BLART
crystal
Hi,

Not really but hang around and put some work in and you wont be a smart arse you will be a well informed litigant in person presenting a through techincal defence. smile.gif
Regards
Crystal
BLART
What do I do next please?

Date of alleged offence - 10 May 2006


Following my PACE, this letter was received first class today:

Dear Sir / Madam,

I refer to previous correspondence in connection with the above offence.

Your signed driver's statement accepting responsibility for this ofence is acknowledged. However, as some or all of the documentation required for this matter to be dealt with under fixed penalty procedures (i.e. driving licence/photocard/ counterpart /payment) has not been submitted, I must advise you that a file will now be prepared for court process for the primary offence of excess speed (for which the maximum penalty is a fine of £1000 plus 6 driving licence penalty points).

A summons will be issued in due course, but in the meantime, any documentation you may have submitted will be returned to you. Copies of your correspondence will be included in the file and any points you have raised which you may feel have not been adressed fully can be put to the magistrates for consideration at the hearing.

Yours faithfully,

XYZ

If you have any queries relating to this matter please contact a member of CTO staff on the telephone number of e-mail address shown.



So what should I do????? Leave it?

Should I be concerened at the 6 points bit?

Thanks in advance.


BLART
crystal
Hi,

If you want to cary on fighting ignore it

regards
Crystal
BLART
I've got this far!!! I may as well now!!!
BLART
Hi All,

Just two days short of 6 months mad.gif mad.gif from the alleged offence and I receive a summons:

You are summonsed to appear before the Magistrates' court sitting at X on X (last week of Nov) at xx:xx AM.
To answer the information of which particulars are given below
Informant X
X Constabulary

On x/05/06
At AX Road you
Drove a motor vehicle on a road at a speed exceeding the
fifty mile an hour speed limit specified in the AX trunk road
(50MPH speed limit) order 2003
Contrary to sections 84 and 89 of the road traffic regulation act 1964

Important - You must produce your driving licence and, if you have one, your
counterpart to the licence either by sending them to the court at
least three days before the hearing or by having them with you at
court. Failure to produce your licenece may result in a fine of
up to £1000 and its suspension until produced


Attached is a statement of facts:

on x/10/06
At AX Road
At 10:XAM the defendant drove a motor car
on a road restricted to 50 miles per hour at a speed of 62
miles per hour.
The vehicle was checked by means of lasercam speed meter.
This was originally being dealt with by means of a fixed penalty.
This was originally a safey camera offence.
There will be a minimum claim of £35.00 for costs.


Attached is also a PLEA FORM:

The options are:

Sign Box 1 to plead guilty by post
Sign Box 2 to plead guilty at court
Sign Box 3 to plead not guilty (A new date for a trial hearing will be sent)
Sign Box 4 to dispute the prosector's claim for costs
Sign Box 5A if you admit the claim for outstanding duty of unpaid contributions
Sign Box 5B if you dispute the claim
6 - Will you have a lawyer to represent you? Y/N
7 - For Name, Address, telephone number, date of birth and sex
8 - Details of witnesses and dates to avoid for the trial


They've included various paperwork which details how often the equipment is tested and there's copies of all the previous correspondence and a picture of me in my car!

OK - So I've used the PACE form which means I've told them who was driving (the legal requirement).

I'm going to fight it. Do I plead guilty or not guily? What's likely to happen next? Help Please!!!!
BLART
Anyone lol?
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