Help - Search - Members - Calendar
Full Version: returned NIP, but court didn't receive it
FightBack Forums > Queries > Speeding and other Criminal Offences
shelley2
In March my husband had an alleged "incident" in which he reversed out of a space (which a passer by helped him out of) and was then reported for doing damage to their bumper and subsequently i was sent an NIP. (he was unaware that any damage had been done, but this is a separate issue). i replied to the NIP, posted it in the envelope provided and that was that.

Roll on July, I receive a Summons for failure to give information relating tot he id of the driver of vehicle...........

I DEFINITELY posted it and I go to court on Monday, am representing myself.

Any tips anyone??????

thanks!

Shelley
axeman
QUOTE (shelley2 @ Wed, 7 Sep 2011 - 00:58) *
In March my husband had an alleged "incident" in which he reversed out of a space (which a passer by helped him out of) and was then reported for doing damage to their bumper and subsequently i was sent an NIP. (he was unaware that any damage had been done, but this is a separate issue). i replied to the NIP, posted it in the envelope provided and that was that.

Roll on July, I receive a Summons for failure to give information relating tot he id of the driver of vehicle...........

I DEFINITELY posted it and I go to court on Monday, am representing myself.

Any tips anyone??????

thanks!

Shelley


plead not guilty, trial will stop and a new date set, have you proof of posting?
Pete D
Is the summons only for 'failing to furnish' read it carefully. Pete D
shelley2
yes, summons is only for failing to give information (which I did!!!!!)

no proof of posting, but i took a photocopy before i posted it......sent it in their reply paid envelope!
Korting
This might seem a silly question, but did you put a stamp on it?

AFAIK the law requires you to return the NIP but does not require proof that you sent it. Others may have different opinions on that.
shelley2
thanks michael - it was a prepaid envelope ohmy.gif( just dropped it in the box.
Logician
QUOTE (shelley2 @ Wed, 7 Sep 2011 - 09:21) *
thanks michael - it was a prepaid envelope ohmy.gif ( just dropped it in the box.

Are you sure it was prepaid, not just pre-addressed?

If so, I think you have a reasonable case, as the photocopy tends to support the evidence you will give that you did return the form. Provided you posted it, the presumption is that it was delivered in the normal course of post, assumed to be two days later for first class. The presumption is rebuttable, but it will be dfficult for them to prove a negative.
The Rookie
Just to add, the law requires you to provide the info within 28 days or as soon as reasonably practicable, as you have only just become aware that it wasn't recieved, you should reply again now providing the information again, be nasty for them to agree that you replied and it wasn't recieved only for them to find you guilty on the technicality that you now could have replied again!

As you were not the driver it's worth mentioning in court that YOU had little to gain by not naming the driver (not withstanding that it was hubby driving).....

Simon

southpaw82
I note from your title that you say "court didn't receive it". Who was the envelope addressed to? The form would normally go back to the police, not the court.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.