What is the name of the Constabulary? -
Date of the offence: - January 2013
Date of the NIP: - 3 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A14, Newmarket, United Kingdom
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I was caught by a camera van doing 92mph on the 70mph dual carriageway A14 on Sunday 13/01/13.
After receiving the NIP, as requested, I replied by sending the completed NIP pleading guilty to the speeding offence, together with both parts of my driving licence, and details of my credit card on 29/01/13, by registered mail to the address shown on the NIP.
I have signed proof of delivery at 08:59 on the 21/01/13
On 07/03/13 I wrote an email to Suffolk Constabulary Central Ticket Office explaining I had submitted the Conditional Offer and completed form together with both parts of my driving licence and details of my credit card but had not had a reply, or my licence returned, or any fine deducted from my bank account, and asking if the matter was still being processed.
The same day (07/03/13) I received an automated reply from CTOEnquiries telling me all payments and licence endorsements were handled by the Regional Fixed Penalty Office in Southend (where I had sent my licence) and supplying both their telephone number, and email address and their postal address.
On the same day (07/03/13) I received an email from the Suffolk Constabulary CTO Manager, basically repeating what had already been written in the automated reply earlier in the day.
I tried multiple times over several days to call the Regional Fixed Penalty Office telephone number supplied. It was constantly engaged, with no way of leaving a message or getting a callback.
After receiving the automated email reply from Suffolk CTOEnquiries, I sent a similar email to the Regional Fixed Penalty Office on 07/03/13, outlining the same details I had sent to Suffolk CTOEnquiries.
Having no way of knowing if my email had been received, but knowing there was no response to the constant calls I had made to the Regional Fixed Penalty Office, I wrote a letter on 12/03/13 to them outlining my concerns as well as my numerous attempts to contact them.
On 14/03/13 I received a letter from Suffolk Constabulary telling me no response had been received to the Conditional Offer of Fixed Penalty.
On the 25/03/13 I replied to Suffolk Constabulary telling them they were incorrect and that I had responded to the Conditional Offer of Fixed Penalty, outlining the dates I had sent emails and letters both to the CTO and the Regional Fixed Penalty Office. I sent this letter via the Royal Mail signed for service, and I still have the receipt.
Consequently, under the impression my licence had effectively been lost in a system I had no contact from, on 15/03/13 I applied to the DVLA for a replacement licence. This was duly supplied effective from 27/03/13.
However, on 04/04/13 I received an email from Her Majesty's Court Service (hmcts.gsi.gov.uk) telling me they do have my licence, but that dues to a large backlog it had not been processed, and that no forecast could be made as to when it would be returned to me.
Today, 03/06/13, I have received a Postal Requisition charging me with the speeding offence and asking me to enter a plea for a court hearing on 14/08/2013. In the accompanying paperwork is photographic evidence of the speeding offence, that I pleaded guilty to in January. There is four pages of evidential explanation outlining how robust the postal process is within the Suffolk Constabulary CTO, a copy of my acceptance of the Conditional Offer, and a copy of spreadsheet showing some, but not all of the correspondence referred to above.
Also apparent on the spreadsheet are details of when the CTO (or Fixed Penalty Office, or HMCTS - I am now so confused I'm not certain who is issuing what paperwork) actually applied to the DVLA for confirmation of my eligibility to drive, (12/04/13) that the DVLA had replied that a replacement licence had been issued, that the CTO, or Fixed Penalty Office, or HMCTS, had written to me informing me of the licence mismatch and requesting the current licence.
The problem is I have never received this request, and that the last contact I have had with the HMCTS, is the email on the 04/04/13 telling me they have my licence but can't tell me when it will be returned.
I am somewhat shocked, to say the least, to receive a summons to appear in court (in Ipswich) to answer a speeding charge to which I have already pleaded guilty, and agreed to the Conditional Offer, but due the the incompetence of the authorities concerned, has left me in this predicament which has already cost me a considerable amount of money, and looks likely to cot even more, because I will have to take a day off work to appear in court to explain the circumstances described above.
NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
- The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.
You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.
Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 03 Jun 2013 16:55:13 +0000