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wilsonio
In July 2008 my husband received a NIP as the registered owner of the car for a speeding offence (36 in 30 zone), unfortunatly I was the driver and he duly sent the NIP back stating this. Since then I have received nothing, until yesterday,when a summons arrived for me to attend court for failing to supply information. I do not know what to do, if I had received the NIP I would have held my hands up and taken the points and fine. I do not want to plead guilty to failing to supply information ( which I believe is 6 points) I would also like to avoid going to court if possible. I would appreciate any advice as time is of the essence,

In my defence my post does go missing with surprising regularity and I have recently asked for credit card bills to be sent by e-mail because of this. I am willing to take the speeding offence and I will go to court if needed but the one thing that I REALLY object to is the means test I do not and will not fill in 4 pages of forms about my and my husbands financial situation so that a fine can be decided, I find this a gross invasion of privacy and all for going 6 miles an hour over the speed limit.

If someone could advise I would be very grateful

andy_foster
Please visit the READ ME FIRST section (Click Here), answer all the questions in the NIP Wizard (including the detailed questions reached by clicking on the Additional Questions button on the second page), and the Wizard will then post its output back here to enable us to help you.

QUOTE (wilsonio @ Tue, 10 Feb 2009 - 08:53) *
I do not want to plead guilty to failing to supply information ( which I believe is 6 points) I would also like to avoid going to court if possible. I would appreciate any advice as time is of the essence


You have been summoned for an alleged criminal offence. If you don't go to court, you will be convicted of the charge and receive 6 points and a several hundred pound fine.
If you plead not guilty by post, the case will be adjourned and a later hearing date set.

QUOTE
In my defence my post does go missing with surprising regularity and I have recently asked for credit card bills to be sent by e-mail because of this.


Proof of posting creates a rebuttable presumption of service - to rebut that presumption, you will need to give credible evidence that the notice was not received. Evidence of other mail going missing would help.

QUOTE
I am willing to take the speeding offence


Unless you've been dual charged, that is unlikely to be an option.

QUOTE
and I will go to court if needed but the one thing that I REALLY object to is the means test I do not and will not fill in 4 pages of forms about my and my husbands financial situation so that a fine can be decided, I find this a gross invasion of privacy and all for going 6 miles an hour over the speed limit.


The summons forms probably state that you are required to provide this information. They probably state a lot of things...
If you are convicted, the court can require you to provide details of your income, etc., although they often just invite you to do so.

If you do not provide these details, they will assume a Relevant Weekly Income of £350
wilsonio
It says it is an offence not to supply income details,can I plead not guilty and not supply my income details?
The Rookie
They only need details if you are found (or plead) guilty, so you can fill them in and take them with you, only handing them over if found guilty. Also as the 'means testing' has now changed, they don't make any allowance for outgoings except one off events that could cause exceptional hardship, so there is no need to submit them!

It is an offence to not supply them, punishable with a maximum fine of £500, but rarely have I heard of it being used, its more likely to be used in the event of someone giving false details rather than failing to give them.

Simon
wilsonio
So should I plead not guilty to the summons even though I am guilty of the speeding offence, the summons has no place for me to plead guilty to the speeding
andy_foster
You have not been charged with the substantive speeding allegation. Other than that there was an allegation, it is now irrelevant.
The only issue is the requirement to provide the driver's details - which you claim not to have received, and will need to be able to prove (on the balance of probabilities) was not served.
wilsonio
But how can I prove that I did not recieve it?
mazdaman
The Means Form is supplied by the Court booking in staff on the morning of the court case.

Important things to note are :

1. If the case is due to be adjourned ( Not guilty plea ) then the case will be adjourned in your absence so no means form will be necessary.

2. If you were pleading guilty then they would expect a means form to be filled in for the level of the fine to be determined by the magistrates.

3. When I appeared in court for the same offence - I filled in a means form at the Pre Trial Review - knowing that it would not be needed on that particular day. The court staff doing their job are anxious to hand out the forms so that during the day cases are not held up when it comes to sentencing. Regularly in court the magistrates struggle to get through the days case list so a completed form in advance helps the magistrates in getting through the list more smoothly.

4. When I finally appeared on trial again the court staff gave me the form on the morning of the court case which I duly filled out. It is important to note that as I was found Not Guilty both forms that I filled in are still in my possession. No one elses prying eyes got to see them and they can safely go through the paper shredder.

I agree with you that this intrusion is annoying, concerning and an invasion of ones liberty. My advice would be to do what I did - Fill it out on the morning of the trial and hold it close to your chest refusing to allow anyone else to view it and only divulge it if you are unfortunately found guilty for an offence that you clearly should not be found guilty of.

Finally make sure you have a break down of costs ready to give them in expectation of a Not Guilty verdict and take them for every penny you are able to list. ( Parking Charges, Travel Costs etc )

Best of Luck
The Rookie
QUOTE (wilsonio @ Tue, 10 Feb 2009 - 10:41) *
But how can I prove that I did not recieve it?


You do so on balance of probabilities, your credable sworn evidence, the well known fact that 2% of post goes missing, you check the copy they have kept for any minute errors of address, by the fact that you'd be silly to risk 6pts to escape 3!

Simon
wilsonio
Firstly thank you for all your advice, I feel better knowing I am not alone. Am I right in thinking that if I plead not guilty to "failing to thegive info " charge the court hearing will be adjourned to another day, I do not need to send my drivers license or means test? and what then happens to the initial speeding charge.

Sorry if I am niave but I have never had so much as a parking ticket or seen the inside of a court!! and now hear I am trying to defend myself
The Rookie
Assuming the summons is only for S172 'failure to furnish' there is no speeding 'charge' just an allegation that is now irrelevant in iteself.

Plead not guilty and your case will be adjourned for trial, you need send nthing but the NG responce.

Simon
wilsonio
Many thanks Simon
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