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PostPosted: Thu Apr 08, 2004 12:50 
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Joined: Thu Apr 08, 2004 12:38
Posts: 1
Hi

I have been reading posts on the forum relating to s172 cases.

I received a NIP for an alleged incident last October, and I sent the form back unsigned with a suporting letter, that stated I was not sure I was in the area at the time.date.

Anyway - I was then summoned to court on a s172 charge and have had the case postponed as I was unable to attend court on that date. Then I stumbled across the Safe Speed site. Therefore, considering my situation can I plead with a Yorke style defence, ie although I acknowledge that I was registered keeper, I did not sign or has this case definitely blown this defence out of the water.

Then, if this is the case, can I plead on any other lines like the PACE defence on the webpage, or simply I did repsond?

I would be grateful for any advice received on this matter as I feel this is a rather harsh prosecution.

Kind regards


D


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 Post subject: s172
PostPosted: Thu Apr 08, 2004 13:42 
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Joined: Wed Apr 07, 2004 13:50
Posts: 26
Just had a similar thing.

Got a nip in november, 2nd day driving shiny new car up to my sons graduation.....nice eh? 82 in a 70 on an empty A1.

My wife was driving, the nip came to me after 5 weeks (company car). I got a reminder after 28 days that I had 7 days to respond. I filled in my wifes details, and sent it off. 1 week later, she go her nip. WE filled in the form, and gave it to our son to post.

7 weeks later, she got a summons for failing to name the driver. I rang the police, and said we had sent it, they had no record. Further investigation showed it to be in our sons school backpack.........%&*^

My wife did not want to go to court, but the only way according to the form was to plead guilty. The points are the same at 3, but the fine can be considerable, and my disposible income is in good shape, so fearing a large fine, I rang the police for advise.

As she was not guilty of naming the driver, but guilty of the speeding offence, which we were always admitting, I asked if we could cancel the court thing, and pay the fixed penalty. No was the answer, but we were advised that if we pleaded not guilty to the offence, and enclosed the original ticket, we would get the speeding fine, 3 points plus £35 costs....probably. The court could fine us more if they wanted, but she wouldnt have to ttend court.

So we enclosed an apologetic letter explaining why the form was not returned, and we await the outcome.

I think they have their proceddures pretty tight these days, and you may be better going for the fixed pen plus the costs rather than risking the fine. There are many victories documented on the web, many losses of face that people prefer to keep to them selves.

Good Luck


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 Post subject:
PostPosted: Thu Apr 08, 2004 16:27 
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Joined: Thu Apr 08, 2004 15:15
Posts: 80
Location: Kent
If you have not already done so, check out this site:

http://www.pepipoo.com/

And in particular this forum:

http://www.pepipoo.com/NewForums2/viewforum.php?f=5

Cheers,
arthurdent

_________________
DO NOT PANIC


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