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mrdjhodgkinson
The company veichle in question was caught on camera speeding on the 05/01/11
NIP/172 notice was sent to company on the 11/01/11 (which they responded to naming myself as the driver)
Copy of the NIP/172 was forwarded to myself on the 09/02/11
172 final reminder was sent on 03/03/11

I did not receive either of these letters!!

Court Summons dated 16/08/11 pre trail hearing to be held on the 23/08/11 at Shrewsbury
Sent in a not guilty plea and gave an explanation as i could not be expected to provide information that in my eyes was not requested.
Letter from CPS dated 09/09/11 stating that the hearing was going to be on the 14/10/11 at Shrewsbury
Letter dated CPS 10/10/11 which was received day before trial with updated evidence and stating that the case was going to be held at Kidderminster which is nearly 200 miles from my home address but no time of hearing.
Called Court following morning to see what time hearing was, and was informed it was at 10am which would give me an hour to get there.
Tried to get case adjourned, but the bench decided against it and went ahead in my absence.

Recived a letter this moring stating that they are going to indorse my licence with 6 points (which would put me to 12, meaning possible disqualification) and fine and costs amounting to £1200.

I now have to appeal and try to get case reopened, but no guarantee.

I wish to know does the 6 month time bar start from the date of the speeding offence or the date the NIP was sent to myself?
The offence they have prosecuted me for was Failing to provide information and not the speeding offence.

DJH unsure.gif
Aretnap
QUOTE (mrdjhodgkinson @ Thu, 20 Oct 2011 - 17:39) *
I wish to know does the 6 month time bar start from the date of the speeding offence or the date the NIP was sent to myself?

6 months from the time you're deemed to have committed the s172 offence, which is 28 days after (presumed) receipt of the s172 request. By my sums this means 11/9/11, so I'm afraid they were comfortably inside the limit.

I'm confused as to why the trial was moved from Shrewsbury to Kidderminster and why you were apparently given almost no notice of this. Any ideas?

Do you normally have problems with your post? Did the company provide your correct address, and were the NIPs sent to your correct address?
Rallyman72
It is 6 months from 28 days after the NIP is served. The NIP is deemed to have been served 2 days after posting unless the recipient can rebut that presumption.

The offence would be complete on 11/3/11 if I have done my sums correctly. The summons would, therefore, have to be issued before 11/9/11. I'm sure on of the learned ones will correct me if I have got that wrong.

The course of action would seem now to lodge a statutory declaration to get the judgement set aside and to allow the case to be reheard. This needs to be done, I think, within 21 days of you being notified of the outcome of the trial. Again the more learned amongst us will be able to confirm my thoughts.

Non receipt of both NIP and reminder does tend to be looked upon by magistrates as too much of a coincidence hence, I suspect, the outcome. You need to establish the address to which these were sent once you have filed the Stat Dec.

EDIT - Doh! OP knows when and where reminders were sent as there will have been copies in the evidence pack that was with the summons.
ford poplar
Copy of the NIP/172 was forwarded to myself on the 09/02/11
172 final reminder was sent on 03/03/11

I did not receive either of these letters!!


How do you know the dates they were sent, if not received? Do you know if they were posted First Class?
southpaw82
QUOTE (Aretnap @ Thu, 20 Oct 2011 - 17:48) *
I'm confused as to why the trial was moved from Shrewsbury to Kidderminster


The last time I was there, Shrewsbury Mags was a satellite court only (IIRC Market Drayton is too) and so won't handle not guilty pleas. Kidderminster was probably the closest alternative (despite being in a different county). Kidderminster would also (again, IIRC) be the local court for the Traffic OCU.
Gan
QUOTE (ford poplar @ Thu, 20 Oct 2011 - 17:57) *
Copy of the NIP/172 was forwarded to myself on the 09/02/11
172 final reminder was sent on 03/03/11

I did not receive either of these letters!!


Does that mean that they weren't sent to your address ?
BB Law
MrDJHodjkinson

The court will not allow you to make a Stat Dec as suggested by Rallyman72, because you were aware of the proceedings, you just weren't aware of the venue until it was too late to get there.

If you are to succeed in getting this re-opened then you will need to demonstrate to the court that it is in the interests of justice to re-open your case.

You should have received a letter from the court following the first hearing, which will have stated the trial date and location. If that letter says Shrewsbury Mags then I think you should be able to get this re-opened fairly easily. If it said Kidderminster Mags then re-opening will be a little trickier.

If the court refuses your application to re-open then you can always lodge appeal against conviction and/or sentence to the Crown Court. If you were at risk of being disqualified as a result of accumulating 12 or more points for offences committed within 3 years of each other, then it is unlikely that the court would have proceeded to sentence in your absence.

BB Law

(edited after re-reading OP's original post)
andy_foster
The devil is often in the detail, although as the OP so far hasn't burdened us with the details, we can perhaps keep the holy water in the bottle...

QUOTE
Copy of the NIP/172 was forwarded to myself on the 09/02/11


A copy of the NIP/s. 172 that was sent to the company was forwarded to you, or a new s. 172 in your own name was sent to you?

QUOTE
172 final reminder was sent on 03/03/11

I did not receive either of these letters!!


QUOTE
Court Summons dated 16/08/11 pre trail hearing to be held on the 23/08/11 at Shrewsbury
Sent in a not guilty plea and gave an explanation as i could not be expected to provide information that in my eyes was not requested.
Letter from CPS dated 09/09/11 stating that the hearing was going to be on the 14/10/11 at Shrewsbury
Letter dated CPS 10/10/11 which was received day before trial with updated evidence and stating that the case was going to be held at Kidderminster which is nearly 200 miles from my home address but no time of hearing.


The court, not the CPS should be informing you of hearing dates, changes of venue, etc., and generally in the form of an order requiring your attendance. The CPS would be writing to you in relation to the case - e.g. disclosing evidence - and would refer to the hearing time/date/venue, but should not be the first to inform you of the hearing date/time/venue.

It would appear that 2 NIP/s. 172s have not been delivered, a summons has, and subsequent paperwork from the court hasn't, but letters from the CPS have.

Presumably the NIPs that were sent to you will have been disclose in the summons bundle. Are the addresses correct? Are you aware of any ongoing issues with post not being delivered?

Called Court following morning to see what time hearing was, and was informed it was at 10am which would give me an hour to get there.
Tried to get case adjourned, but the bench decided against it and went ahead in my absence.
CuriousOrange
If they held the hearing in the OP's absence, then sent the OP a letter informing them they've been endorsed six points but makes no mention of a ban, then am I right in understanding that the OP can't get called back in for a totting ban?

Maybe some of the OP's original six points aren't as current as they think. But if they are, then the OP's on twelve points but without the six month ban the court were largely obliged to impose and with no exceptional hardship reasons used up. If the court can't call back the OP and say 'sorry, bit of a mistake, we were supposed to ban you' and if the OP's chances of fighting the S172 are a bit shaky, sticking with the current situation is an option.

Logician
AIUI, the power given to Magistrates Courts under s142 Magistrates Courts Act 1980 is very wide and can be exercised to increase as well as to decrease a sentence, and generally to vary anything previously done or not done.
mrdjhodgkinson
Thank you for your responses, here is some more information that you requested

All the letters were sent to my correct address via second class post, as there are photo copies in the evidence given to me.
The 6 points already on my licence are 3 years old in January and they were 2x SP30
My job is dependant on having a licence, so hardship would occur if i was banned
I have had problems with my post over the years and as such i now receive all my bills electronically
I understand that it is a coincidence not receiving the 3 letters that they sent, but coincindences do happen, and i would not take the risk of loosing my licence as i am a multidrop driver that has been a law abiding citizen and never previously been in court.
Plus when i made the court aware of never receiving these letters should they not of adviced me to fill out a statutory declaration.
They also have not got my driving licence and have not requested it, will the request come from the DVLA?

Sorry for the delay
Glacier2
Do not re-open the case. That is a mugs game. You need a statutory declaration.
mrdjhodgkinson
QUOTE (Glacier2 @ Thu, 20 Oct 2011 - 20:42) *
Do not re-open the case. That is a mugs game. You need a statutory declaration.


can u explain??

to be able to do a statutory declaration post case would it not need to be reopened?
andy_foster
If a statutory declaration is made under s. 14 Magistrates Courts Act 1980, the court must quash the conviction, and it is up to the prosecution to request another summons is issued - taking the process back to square one.

If the case is re-opened under s. 142, you could potentially find yourself at the start of the trial the moment the case is re-opened.

If you were not aware of the time/date/venue of the hearing in time to attend the hearing, for the purposes of s. 14 I would say that in substance you were not aware of the proceedings - although I note that BB Law disagrees.
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