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FightBack Forums > Queries > Speeding and other Criminal Offences

Much appreciate the help of the forum members.

I have recieved yesterday a summons in relation to a fixed GATSO camera speeding conviction relating to 35mph in 30mph zone on 5th July 2009.
My wife recieved a NIP back in July 2009 as she is the registered owner.
We never heard another thing until the summons which is a complete shock!
Included in the pack of evidence is a NIP whioch was allegedly sent to me on 30 July 2009 but clearly has my surname mis-spelt.
I never recieved this NIP but dont deny it was me driving!

How should I proceed?
Im loath to just complete all the papwerwork for court and hope they will find in my favour & as I live in Devon and cant make the date of 6th April all the way up to Banbury.
I do however feel that I have been denied my rights of a chance to take a fixed penalty for this minor offence.

All relevant opinions appreciated.
Many thanks.
Just for clarity, correct me if the following assumptions are wrong:

1) Your wife received a NIP back in July 2009 for the offence, she responded naming you as the driver
2) You never received a NIP addressed to you (the misspelling of your surname is largely irrelevant)
3) You received a summons (again presumably in your name, not your wifes?)

You need to be clear when you say "I have received", etc whether it is you or your wife being taken to court, etc.
Pete D
And what is the charge or charges on the Summons. Pete D

1) yes she responded within 7 days naming me
2) yes thats correct
3) yes in my name only

The charge is:

Between 30/7/09 and 28/8/09 at Banbury in the County of Oxfordshire having been required by Chief Officer of Police, failed to give info relating to the identification of the driver of a vehicle (name our car) who was alleged to have been guiklty of an offence contrary to section 172(3) of the RTA 1988 and schedule 2 to the RTO Act 1988.

that a 172 offence and will result in 6 points and circa 500 quid fine

have a look on the summons for the info laid date, what is this ?
It has a date of information of 27 Jan 2010 by the Offence info.
Is that what you mean?
For summary offences they have six months in which to lay the information before the court.
If you plead not guilty by post, you will not be required to attend on the date listed on the summons, and another date will be set - most likely the trial.

What does the witless statement from the FPSU tubby say about notices being sent to you? How wrong is your name on the notice? Is the address correct?

From what you have told us, your defence to the charge of failing to provide information under s. 172 RTA 1988 is that no notice requiring you to do so was served on you. If the prosecution can prove that such a notice was properly posted to you, that would create a rebuttable presumption that it was served. This presumption would be rebutted by you giving credible evidence that it was not received. The difficulty is that TVP invariably send a reminder when a response is not received, and for both notices to have been lost in the post would tend to stretch your credibility somewhat.
What would also make your case some what harder is your wifes 172 arrived as did your summons.

We cannot predict what the court will think but you'll need to put up a valid defence to that.
Thanks very much for the thoughts so far.

In the evidence sent there is no reference to a reminder being sent to me. Just a copy of the 172 they sent me mis-spelt [name] on my surname rather than [name].
Interestingly they have spelt this right on the summons and on my wife's request.

The postal service is usually ok around here but this is semi-rural Devon and we have had severe problems during the postal strikes, when a local postman was convicted of not delivering items (although not in this timescale!) and during times of bad weather.

Is there any point in contacting TVP in the first instance do you think?
If not any thoughts on what to plead as mitigation around this?
QUOTE (Age @ Sun, 14 Mar 2010 - 20:28) *
If not any thoughts on what to plead as mitigation around this?

If you didn't get the 172 or any reminders then the only plea you can enter is not guilty. There cannot be any mitigation for you as you would have to plead gulity. How can you do this as you never had the form. Mitigation would only follow a guilty plea with a reasonable excuse as to why the forms weren't returned and I don't mean not recieved by you.
OP - I've taken the liberty of removing your name from the post - there's no point in identifying your case to the police (and they do read this forum).

Even if your name was spelt incorrectly the NIP would still have been put through your door, assuming the address was correct. This points to it having gone missing, which would have happened if the name was correct or not.
Many thanks guys for your assistance - will please not guilty and then await my court date!
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