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FightBack Forums > Queries > Speeding and other Criminal Offences
DORE1
Have been invited to attend the Mags Court in Lincs on the following charges:
  1. Exceeding 70 mph on a motorway - 14/02/07.
  2. Failing to provide info to identify the driver.
I am member of some months and had followed the guidelines, dispatched the PACE statement (March 07)and this is now being used against me, having apparently failed to meet charge No 2 above. I had managed to get the first hearing postponed pending the outcome of the EHCR ruling. Alas, I changed jobs, the ruling went against motorists (as far as I am aware) and it's caught up with me.

I received a bundle from the CPS which includes the copy of my completed PACE statement, received by them 20th April 07 and some photographs of my car alledgedly travelling at 81 in a 70. The bundle also contains witness statements from two employees of the Lincs police. One states that I returned an incomplete/unsigned reponse form to the NIP (I returned a completed PACE statement) and the latter that the GATSO was operated in accordance with the approval given by the Police.

I have been working away since 15th May, so had taken my eye off this case, fully expecting like most people, some sense from the EHCR. However, given that was not a favourable outcome for motorists and having just received the bundle from the UK last week, I would desperately like to know how to handle this now.

The Court date is next week - they seemed to have assumed that I would attend in person - without checking my availability. Am I compelled by law to attend, what is the penalty if I do not, but enter a plea via post?

I am working in Switzerland and unable to attend, can I/should I plead guilty to the speeding offence in writing or is it too late now? As for the second charge, its nonsense and any Magistrate should look at the completed PACE statement and see that it provides all the details required by the Police.

I would appreciate your advice.

D1.
The Rookie
First things first, lets have the whol NIP wizard output so we have a number of saliant facts please.....

You will know you need Middleton V Bath mags and should challenge the legality of the dual charge, you also know the first hearing is for pleading, so you don't have to attend at all, but you may wish to push for a PTR to try and get one charge thrown out as illegal based on Middleton...

Have you carried out the secondary speed check on the Gatso photo's?

Simon
DORE1
NIP Details and Circumstances
What is the name of the Constabulary? - LINCOLNSHIRE POLICE
Date of the offence: - February 2007
Date of the NIP: - 6 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A1 SOUTHBOUND COLSTERWORTH
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? -
How many current points do you have? - 3
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 - DRIVING SOUTHBOUND ON A QUEIT MORNING ON THE A1, SAW CAMERA FLASH IN THE REAR VIEW, NO OTHER CARS IN CLOSE PROXIMITY. CLEAR AND DRY MORNING

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
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:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.0: Sun, 07 Oct 2007 07:22:18 +0100
DORE1
Simon, thanks for the response.

I will look up Middleton V Bath immediately and assume there will be a related thread somewhere on this site.

Could you explain PTR and how I can push for this, given the Court date is mid week and I am in Switzerland?

One last questions, I did not have any secondary checks conducted on the GATSO, given the short timelines, do I have time? If so, how to I go about getting this process underway?

Thanks


D1
DORE1
PS. Can I do all this via post?
The Rookie
You can only plead guilty by post, everything else will require some attendance....

Choices...
1/ You could phone the CPS and ask if the will drop S172 if you plead guilty by post, make sure you get an agreement in writing (trusting the CPS - not me!) if so you could plead guilty to the speeding by post and have an end of it

2/ Plead not guilty to both by post, ask for a PTR to 'discuss' the legality of daul charging, quote Middleton V Bath mags (you don't have to send a copy) and mention juducial reviews/abuse of process if they won't, you will have to attend the PTR anyway. Copy of MVB in the members library

3/ Plead not guilty to both, sinlge trial date, go VERY prepared and try and get it all sorted against both charges on the one day.

Simon
DORE1
Simon,

advice much appreciated.

Having considered the option, I think that I would like to go with option 2. Do I write to the Clerk of the Mags Court and to the CPS or just to the Courts?

As my hearing is due within 3 days, do I have time to request a PTR at this stage or should I consider option 1 as being more realistic?
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