kitty
Thu, 19 Jun 2008 - 20:13
Hi, apparently I was caught by a Gatso camera doing 38 in a 40 on 18-10-07. I never received the NIP or the reminder. I received the court summons on 19-02-08 and immediately responded. I was told that if I had replied when NIP was sent out then I would have been offered the speed awareness course. I would have accepted that if I had received the NIP.
I am up in court on 3rd July regarding failing to give driver details.
What happens in this situation, where I never received any communication?
Do I have any defence at all?
southpaw82
Thu, 19 Jun 2008 - 21:17
So long as the NIP (and s. 172 notice) were not sent recorded delivery then you do have a defence. Quite simply, you cannot be expected to respond to correspondence that you do not receive. You will need to give credible evidence on oath to the court that you never received the s. 172 notice.
From your post I understand that you have informed the police that you were driving. Is this the case?
kitty
Fri, 20 Jun 2008 - 15:38
Yes I have admitted to being the driver, the photographic evidence proves that it is me, so I cant deny that fact.
jobo
Fri, 20 Jun 2008 - 16:25
but your not charged with speeding and its now to late to do so.
so if you can get the Mags to believe you your home free.
theres a lot of case law to get your head round
do a search of the other threads and youl get the gist
or join BB7G about 20 quid and there an acrtical all about how to do this
if you prepare well you should win
jeffreyarcher
Sat, 21 Jun 2008 - 00:57
With respect to jobo, most of the complex case law refers to NIPs, or the burdens of the recipient in a failure to supply case. However, there isn't any specificaly on this point, i.e. that the recipient didn't receive any S172 notices.
1) You have to prove that you didn't receive the first notice, nor any reminder(s).
You do that by giving sworn evidence that they weren't received.
The prosecution will, no doubt, try to make out that you're a a liar, and have just made thsi story up.
You haven't received at least two notices, which looks less credible. Do you have any history of mail going astray that you could use to back up your verbal evidence?
2) The prosecution may also cite case law to the effect that once the NIP has been proved to have been posted, it is deemed to have been served, even if it was not received.
You must point out that these cases, Archer v Blacker and Groome v Driscoll refer to NIPs (i.e. S1 RTOA 1988) and not S172 notices (S172 RTA 1988).
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