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just call me idiot
NIP Details and Circumstances
What is the name of the Constabulary? - Hampshire
Date of the offence: - 14/11/06
Date of the NIP: - 23/11/06
Date you received the NIP: - 24/11/06
Location of offence (exact location as it appears on the NIP: important): - Main Road, Southampton
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
How many current points do you have? - 9
Provide a description of events - Unfamiliar road, didn't see the camera van until it was too late 51 in a 40

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes (Although following receipt of the summons bundle no longer sure!)
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
Complete the PACE witness statement.

___________________________________________________________________

Summons Received!

Okay, so this was some time ago and my sister (for whom these details have been posted) has sent off a PACE statement and ignored the three letters she has received since.

A couple of days ago the summons landed on her doormat and she has been asked to appear to face a speeding charge (S172 has been ignored unless it is due in a seperate pack).

Please find below the scanned images of each page of the bundle (excluding means forms / plea sheet etc).

I have masked specific details (indicated in red text) and added a couple of comments on some pages for anything I have already considered. Your thoughts would be gratefully received.

My initial thought is this...

- Plead Not Guilty
- Ask for the full video in the hope that it is inaccurate / not callibrated properly / isn't received
- If video isn't received hope that PACE is not submitted; argue if it is
- By this point there is no evidence
- If video is received and ID can be made change plea and focus on mitigation

Anyway, I'll hand over to the masters!
___________________________________________________________________

Page 1 - Summons


Page 2 - Statement


Page 3 - Statement


Page 4 - Statement


Page 5 - Statement & Photo


Page 6 - NIP


Page 7 - PACE Letter
The Rookie
Nothing stands out as being in error, it would be worth requesting disclosure of the video as well as start and end of session checks, but I feel this will be a PACE only defence. You mention no longer being sure of the driver, I assume thats as the photo may not show the 'assumed driver' it would be best to clarify this quickly, as giving a false statement is an offence in iteself and reasonably you should try and correct this error as soon as possible.

Simon
silverfox-999
Hi

I noticed on the last page was your PACE WS.

Did they come and caution you and inform you that there were going use your PACE WS form as acknowledgement of the offence?

Of have they just used it anyway?
just call me idiot
QUOTE (silverfox-999 @ Mon, 19 Mar 2007 - 14:12) *
Hi

I noticed on the last page was your PACE WS.

Did they come and caution you and inform you that there were going use your PACE WS form as acknowledgement of the offence?

Of have they just used it anyway?


No, no caution has been received with regards to the use of this statement.

It is plausible that the person identified in the PACE statement is in fact NOT the driver given that the video still has proved inconclusive.

What is the use of the video in court? Can it be used?
Is the signed NIP (not used in this case) / PACE statement (If allowed by the mags) the only evidence admissable in court?
just call me idiot
Just wondered whether there is anything in the following course of action...

As no S172 charge has been brought, could the following work?

Send a letter stating that despite the PACE statement, the video still has made the RK doubt the identity of the driver. Provide details of another possible driver.

Plead Not Guilty
DO NOT attend court, however, send a solicitor to represent
No ID of the driver can be made
Hope that the PACE statement is deemed inadmissable
No evidence for speeding
No charge for speeding
No chance of S172 charge since it has not been raised

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just call me idiot
Any thoughts anyone?
just call me idiot
Bump!
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