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RONKEV
icon_cry.gif OK 9 points on licence nip recieved today A74(M) speed 86 offence date 03/10/04. the outcome of this will mean loss of job IS THERE ANYTHING I CAN DO
cjm99
More detail needed.

Is it Scotland?

DO NOT REPLY TO THE NIP YET.
RONKEV
yes the offence was in scotland A74(M) Glasgow - Carlisle road, southbound carriagway nearto holms overbridge Beattock
firefly
Incredible. Yet another Dumfries & Galloway case.

RONKEV, if you are already on 9 points then I don't think you have any option but to fight it. Is that the case?

If so, then read this post for an idea of the current state of play. Cases in Scotland are more complicated are there is no precedent in terms of case law (at least none that we know of anyway).

I have been at a court in Dumfries & Galloway (Annan) and it is Mickey Mouse. The JP had to be almost propped up so he didn't fall over. You should probably read this account of Phil's case as it may have some direct relevance, as does M5owner's case.

Post again when you have trawled through all this. Please spend time reading it as it is without doubt in your best interest.
RONKEV
rolleyes.gif Ok so i have read some of the posts what do you think the likley outcome is if i go along the lines of attaching a witness statement after all as yet i have not been charged with any offence or cuationed.By the way the more i read the more confused i get i will confess i aint the brightest button in the box nor am i a high earner my only defense at the moment is that all the jobs i have done for the past 20 years have been driving jobs and i think i have now blown that
firefly
Hi RONKEV,

Can you clarify which force it is? I can't recall if Beatock is in Strathclyde or Dumfries & Galloway.

QUOTE (RONKEV)
i will confess i aint the brightest button in the box nor am i a high earner

That shouldn't make any difference if the advice you get is sound! Many people come on saying statements like this who subsequently turn out to be a lot more switched on than they would have us believe.
RONKEV
Beatock is Dunfries and Galloway
firefly
QUOTE (RONKEV)
Beatock is Dunfries and Galloway

To be honest (and in view of the letter I recieved from the Procurator Fiscal about cautions), the situation in Scotland is not clear at all, so any advice is given with reservation.

If it were me, I would send a letter off like this one :

QUOTE
Date
Chief Constable
Dumfries & Galloway Police
Dumfries

Dear Sir/Madam

NIP NUMBER - ***********

Further to the above Notice of Intended Prosecution, I can confirm that the vehicle was being driven at the time of the alleged offence by the person as detailed below :

Name : (Your name)
Address :
Date of Birth :
Driving Licence Number :

Yours sincerely



RONKEV

Sending it to the Chief Constable is the part I like best icon_wink.gif , as the information you are submitting is actually required by him (as per statute), although in practice he will have sod all to do with it. It is just another 'diverting tactic' which slows up the whole process and frustrates proceedings. This letter should be sent Special Delivery from the Post Office, so you have proof of postage, as this service is guaranteed to arrive the next working day.

What actually happens when it reaches the Chief Constable is unknown. What I imagine happens is that it is passed to some sort of sub-ordinate who will eventually pass it to the scammers section. How long this will take is anyone's guess. When it comes to the scammers they will do one of two things :

i) Send a letter telling you you must comply by filling in the form they have provided (which is the outcome you want),
ii) Accept the letter and send you a conditional offer (3 points + £60) which you will not be able to accept as you are already on 9 points. This will only come to light if you accepted the offer and forwarded your licence to the clerk of the court, who will then instigate a summons.

Send the letter off 26 days after the date on the NIP (not the 3/10/04), but the date the NIP was issued. Make sure you do it Special Delivery.

Sorry I can't be any more constructive. There are certain (very naughty) options open the less scrupulous member ( icon_eek.gif ), but I couldn't possibly advise........
RONKEV
[Send a letter telling you you must comply by filling in the form they have provided (which is the outcome you want),
] WHY IS THIS THE OUTCOME I WANT[/quote]
cjm99
Because, in a case Dr. Jones -v- DPP it was accepted that a letter signed and containing all the information requested by the CoP was OK.. So. a section 172 prosecution would fail. (at least in England and Wales). By the time this process has gone through, the original speeding offence will have 'timed out' (six months)
RONKEV
I SEE OK THEN THATS THEY COARSE I WILL TAKE AND KEEP YOU ALL INFORMED
MANY THANKS SUCH A GREAT WEALTH OF INFO HERE KEEP ANY SUGGESTIONS COMING
KEV
firefly
PM me if you need any additional advice.

Cheers
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