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Harry04
Hello,

I was sent an NIP. I lurked here and the advice at the time was to send the Human Rights letter. Does anyone send this anymore, or do you go straight to the PACE letter?

The police replied that I would be prosecuted for failing to supply information, so then I sent the PACE letter.

The CPS said that I would be prosecuted and that the PACE statment would be submitted as evidence, even though the PACE letter specifically excludes its use in evidence!

I attended court and the prosecutor stood up, apologised to the magistrates, and said that this afternoon he had had trouble getting witnesses, and that he therefore had no evidence and would have to ask the magistrates to dismiss the case.

This does not make sense. This was an unattended camera: there were no witnesses. And why did they only realise this when the trial started. Why did they not realise there was no evidence before and drop the case before it got to court?

Is this just a tactic that they know they have no case but they are going to waste the defendent's time?

I was told I would be paid travel costs but this does not compensate for the loss of my time, especially as I am self-employed so I lost a day's work because of this.

Interestingly I was accused of failing to supply information between the date of the NIP and the date of the PACE letter, so although I did send the information, they were charging me for not supplying it immediately.

Is there anything I can do?
pauliexjr
QUOTE
Is there anything I can do?


Yes, breath a sigh of relief and get on with your life! They won't even consider any form of compensation as you were taken to trial and got off on a technicality. As far as the CPS are concerned they had a case until the attending prosecutor read the file (probably for the first time ever) on your big day and realised they had a fatal flaw. Be grateful, there are a lot of people on this site who'd give their eye-teeth for a result like that!
Bluedart
QUOTE
QUOTE (Harry04 @ Thu, 12 Oct 2006 - 09:17) *
Hello,

I was sent an NIP. I lurked here and the advice at the time was to send the Human Rights letter. Does anyone send this anymore, or do you go straight to the PACE letter?

The police replied that I would be prosecuted for failing to supply information, so then I sent the PACE letter.

The CPS said that I would be prosecuted and that the PACE statment would be submitted as evidence, even though the PACE letter specifically excludes its use in evidence!

I attended court and the prosecutor stood up, apologised to the magistrates, and said that this afternoon he had had trouble getting witnesses, and that he therefore had no evidence and would have to ask the magistrates to dismiss the case.

This does not make sense. This was an unattended camera: there were no witnesses. And why did they only realise this when the trial started. Why did they not realise there was no evidence before and drop the case before it got to court?

Is this just a tactic that they know they have no case but they are going to waste the defendent's time?

I was told I would be paid travel costs but this does not compensate for the loss of my time, especially as I am self-employed so I lost a day's work because of this.

Interestingly I was accused of failing to supply information between the date of the NIP and the date of the PACE letter, so although I did send the information, they were charging me for not supplying it immediately.

Is there anything I can do?
QUOTE
Is there anything I can do?

You are entitled to claim costs (but not loss of earnings) which is unfair in our legal system, as they ordered you to court and lost. Postage, travelling telephone calls and a daily subsistance allowance of ????

Write to your MP explaining how unfair the system is.
nemo
QUOTE (Harry04 @ Thu, 12 Oct 2006 - 09:17) *
Is there anything I can do?
If I understand you correctly, you were summonsed for the offence of failing to produce, the case against was dismissed 'due to lack of evidence' and you were awarded a defendant's costs order. Sounds to me like you should put it down as a job well done..smile.gif

With regard to the costs, you can submit a claim for mileage (45p / mile), subsistence (£4.75), photocopying / printing charges (case law etc @ ~10p / copy) and probably a subscription to pepipoo ( wink.gif ) for your legal advice. It is likely that these costs would be paid without them batting an eyelid.

From my experience (still fighting) and those of others on these boards, it is likely that you will have an uphill struggle trying to get them to compensate you for loss of earnings or work done as a litigant in person.

With regards to the offence itself - the offence of failing to furnish occurs 28 days after a NIP has been served on yourself. Note that the scammers continually peddle the myth that a NIP has been served when it was posted. This is not true. On the summons, the offence should probably read (incorrectly) 'failed to provide driver details from date of NIP to date of NIP plus 28 days. If the date of your PACE letter was 28 days after the date of the NIP, then it is fully understandable why the summons reads as it does. If your PACE letter was after 28 days from receipt of NIP then, unless you had a very good reason why the information could not have been supplied sooner, you were fortunate not to have been successfully prosecuted.
billyuk
Hello,

Can I ask when you sent the PACE WS letter, did you send this back to the Camera Team or did you send it to the Chief Constable of the Police Force that they were acted for. reading the forums Its hard to work out which is the best place to send to

Also the fact that they were saying you didn't supply S172 but you did via the PACE WS,

I've got to send one by 30th Oct, and my PACE WS will say I was the driver so just really want confirmation who I should send it to

Thanks
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