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Skewen
Hi. I have read similar posts but have a slight variation i wanted a view on. Back in Jan i was driving my wifes car and flashed doing 37 in a 30. She received the NIP, we completed with my details and returned. The NIP was then sent to me, but at a wrong address (house number). It was then re-sent to the correct house number, albeit with a minor spelling mistake in the address. The post code was correct though.

However, i don't remember seeing this form and simply thinking i had got away with it. As you can guess, that was not the case and i received summons last week to attend Cardiff court on 10th July. Again, other advice says to go along and speak to CPS early. However, it is very likely i will be working away that week.

My gut feel is to plead guilty by post of speeding, but not to the failing to give information part. However, most advice says to avoid that. I do not want to drag this out. I have tried calling them, and they just say to send back the paperwork with a covering letter.

Any advice please? Thanks, Rich
BaggieBoy
If you plead guilty to speeding and not guilty to failing to furnish, there is a possibility you will cop for both charges. The usual way around this is to turn up on the day and get the prosecution to agree to drop the FtF charge on the understanding you will plead guilty to the speeding.
StuartBu
QUOTE (Skewen @ Mon, 17 Jun 2013 - 14:07) *
Hi. I have read similar posts but have a slight variation i wanted a view on. Back in Jan i was driving my wifes car and flashed doing 37 in a 30. She received the NIP, we completed with my details and returned. The NIP was then sent to me, but at a wrong address (house number). It was then re-sent to the correct house number, albeit with a minor spelling mistake in the address. The post code was correct though.

However, i don't remember seeing this form and simply thinking i had got away with it. As you can guess, that was not the case and i received summons last week to attend Cardiff court on 10th July. Again, other advice says to go along and speak to CPS early. However, it is very likely i will be working away that week.

My gut feel is to plead guilty by post of speeding, but not to the failing to give information part. However, most advice says to avoid that. I do not want to drag this out. I have tried calling them, and they just say to send back the paperwork with a covering letter.

Any advice please? Thanks, Rich


Can you explain how,on the one hand you say you don't recall seeing "this form" but before that you state everything that happened to previous pieces of mail ?
Skewen
QUOTE (StuartBu @ Mon, 17 Jun 2013 - 14:14) *
QUOTE (Skewen @ Mon, 17 Jun 2013 - 14:07) *
Hi. I have read similar posts but have a slight variation i wanted a view on. Back in Jan i was driving my wifes car and flashed doing 37 in a 30. She received the NIP, we completed with my details and returned. The NIP was then sent to me, but at a wrong address (house number). It was then re-sent to the correct house number, albeit with a minor spelling mistake in the address. The post code was correct though.

However, i don't remember seeing this form and simply thinking i had got away with it. As you can guess, that was not the case and i received summons last week to attend Cardiff court on 10th July. Again, other advice says to go along and speak to CPS early. However, it is very likely i will be working away that week.

My gut feel is to plead guilty by post of speeding, but not to the failing to give information part. However, most advice says to avoid that. I do not want to drag this out. I have tried calling them, and they just say to send back the paperwork with a covering letter.

Any advice please? Thanks, Rich


Can you explain how,on the one hand you say you don't recall seeing "this form" but before that you state everything that happened to previous pieces of mail ?


Hi, the summons has come with copies of the paperwork sent out, that is how i can see the issues with address. Sorry didnt mention, thought that was standard. Baggieboy, do you think i should just get a new court date then?
StuartBu
QUOTE (Skewen @ Mon, 17 Jun 2013 - 14:18) *
Hi, the summons has come with copies of the paperwork sent out, that is how i can see the issues with address. Sorry didnt mention, thought that was standard.

Now I understand .Thx for that ...as for it being or not being standard I have no idea ..I've never had one ( hope that isn't tempting fate )

The NIP your wife got presumably had her correct address details on so perhaps your details were not written as clearly as they could have been when it was returned hence the problem with the follow ups although the Summons got to you
johnjo42
QUOTE (Skewen @ Mon, 17 Jun 2013 - 14:18) *
Do you think i should just get a new court date then?

Er, you don't just "get" a new Court date. You have to apply for an adjournment and show a good reason, such as a pre-booked holiday or hospital appointment. You say you will "probably" be working away. Is this definite? I suggest that you treat this matter seriously and give it some priority otherwise you may end up with 6 points by default.
JJ
Skewen
QUOTE (johnjo42 @ Mon, 17 Jun 2013 - 23:52) *
QUOTE (Skewen @ Mon, 17 Jun 2013 - 14:18) *
Do you think i should just get a new court date then?

Er, you don't just "get" a new Court date. You have to apply for an adjournment and show a good reason, such as a pre-booked holiday or hospital appointment. You say you will "probably" be working away. Is this definite? I suggest that you treat this matter seriously and give it some priority otherwise you may end up with 6 points by default.
JJ


Believe me, im treating it very seriously, don't know what give you the impression that I'm not. I'm simply trying to find out the process here. I'll ring the court direct and seek thier advice as it now confirmed that i am required in Sweden that week for work so I will need to confirm if i can go or not.
AFCNEAL
QUOTE (Skewen @ Tue, 18 Jun 2013 - 09:45) *
Believe me, im treating it very seriously, don't know what give you the impression that I'm not.......that i am required in Sweden that week for work so I will need to confirm if i can go or not.


Asked and answered in the same paragraph!! A summons trumps any work instruction - it's not about whether you can attend court, it's about whether you can go to Sweden..........which you can't unless the court date is moved.
sgtdixie
The alternative is to instruct a solicitor to represent you. He can do a deal on your behalf. A fixed price lawyer may even mean that in the long run with his fees + fine for speeding and only 3 points you are still better off financially than cancelling business trip, attempting to do a deal yourself and the risk of a s172 conviction and subsequent increased insurance penalties.

Of course if you could saatisfy a court you didn't receive the s172 request you would get your legal fees paid, albeit at legal aid rates and would leave with no points.

I note the use of the words 'I don't remember seeing it' as opposed to it didn't ever arrive.

If it was me I would use someone like bblaw where you know exactly what it will cost, then get on with your life.
Skewen
Thanks. I will take a look at bblaw, or alternatively, cancel the business trip and head to the court for 9am and find the CPS guy as per advice elsewhere.
Skewen
Just to update and close off this. I followed the advice i found in most of the other posts. Didnt fill in any of the paperwork and got to court around 9.15. At 9.30 the usher came to see me and asked how i was going to plead, i said guilty to the speeding and before i could move on the s172 charge he just said they would drop that if i pleaded guilty.

I then went into the court, confirmed name/address etc and was asked if i wanted to say anything. Gave apologies, wont happen again etc and then the 3 people behind the desk had a chat. Told me they would issue me with 3 points, £60 fine and a £20 victim surcharge cost. So, lots of panic leading up to it, first court room appearance etc but it worked out fine in the end.

Kudos to the forum.
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