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 Post subject: ADVICE REQUIRED
PostPosted: Sat Jul 14, 2007 14:24 
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Hello - i am looking for some advice please.
i have today received a summons to appear in court 20th july 2007.
the offences stated on the summons are 28/3/07 failure to identify the driver and 21/2/07 exceeding 70mph on a motorway.
the summons states that my car was doing 84mph and the speed was recorded by means of laser video (lastec local system) LT120:20. There are 3 images with the statement. the first one shows my vehicle image at a distance of 0473.7m pictured from side on and shows 84mph, the registration is not decipherable. on this image there is a cross on the front drivers side wheel.
the second one show my car completely front on with the front number plate clearly shown and the cross is in the middle of my front bonnet. This second much clearer and closer image shows the time 9 secxonds later but does not show any distance or speed.
The third image is just my number plate.
When i received the original NIP notice it was mailed normal 2nd class, it was around 1 week after the 21/2/07. It did not show the images.
At that time i was not aware of this forum but was talking to a relative who told me that i should ignore the nip and not provide driver details, she told me i would get a reminder and then if i ignored that i would not hear anything further.
i realise now this was not the best advice.
after not responding to the original i received a reminder around the end of march by normal post. after not responding to this i had heard nothing further until today.
in the summons today it has the original officer statement and a witness statement from the ticket office stating they had sent the first nip and 2 reminders, the final one being 10th april, this one i did not receive.
my situation is that as i need my car for my living i always try to avoid going over 80mph on a motorway as i cannot afford to get any points if i can help it. i know that this may be a request for help after the event but any helpful advice would be appreciated.
thankyou.


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 Post subject: Re: ADVICE REQUIRED
PostPosted: Sat Jul 14, 2007 15:57 
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jetcoins wrote:
When i received the original NIP notice it was mailed normal 2nd class, it was around 1 week after the 21/2/07.


IF it was mailed second class and IF you can prove it, that's a failure of service that should be fatal to the both prosecution cases.

But Pepipoo are the experts on this stuff: http://www.pepipoo.com

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PostPosted: Sat Jul 14, 2007 17:10 
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thanks for the reply paul.
i do not have the original envelope but is it a failure of service if it is posted 2nd class as opposed to 1st class. the reason i ask is that i remember being a little surrised that it was not posted by recorded or something that proved it had arrived.


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PostPosted: Sun Jul 15, 2007 01:53 
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jetcoins wrote:
thanks for the reply paul.
i do not have the original envelope but is it a failure of service if it is posted 2nd class as opposed to 1st class.


That is our understanding (first class is certainly acceptable) but without the envelope it's a moot point, you have no evidence and they will insist it was posted 1st class.

You need to get some solid advice from pepipoo but as I see it they can't find you guilty of speeding if you don't admit to being the driver and since they are prosecuting for failing to identify the driver anyway you have no reason to admit to it at this late stage. They will probably try to do a deal with you and offer to drop the S172 if you plead guilty to the speeding.

Your relative's advice was correct many years ago, unfortunately they have not kept up with current developments.


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PostPosted: Sat Jul 21, 2007 18:44 
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jetcoins wrote:
thanks for the reply paul.
i do not have the original envelope but is it a failure of service if it is posted 2nd class as opposed to 1st class. the reason i ask is that i remember being a little surrised that it was not posted by recorded or something that proved it had arrived.


It costs money to send recorded or special :popcorn: But today speeding is the number one :nono: and takes precedence over all other road traffic offences. No not really - but it appears that way in the minds of the public who see more cams than police.

We tend to use more unmarked vehicles these days :wink: Apart from here where we like to keep an even visual of "Look we are watching you matey!" :hehe: and stealthmobiles ot cop the really nowty out there :wink:

Get over to pepipoo. Consult library to find solicitors who will offer an initial free consult half hour.

They will advise you as to how to mitigate failing to give details. NIPS however. do not just ignore them and hope they'll go away. They won't these days :roll: They will also give some advice as to how to present your case and your need for some leniency if a ban point.

As it is - you'd have got a Fixed Penalty for the 80 mph. In court if you admit the speeding - you will be unlikely to get a ban. They will give 3 points. I think unlikely to incur more given the speed based on experience in the courts giving the evidence to support prosecution :roll: You will get a higher fine perhaps with court costs so be prepared for this if found guilty of speeding.

DO bear in mind that failing to give details has to be declared to insurers who will look more disfavourably than a for a three pointer which they are tending to ignore these days as people like me and the Mad cats with clean licences are not "normal" these days but three pointers and more are :roll:

Not me saying this. But the insurance companies who are saying they are no longer penalising with a loading on premium as "not really a risk" :roll:

By pinging blippers - they are undermining the main deterrent of a five year addy charge to the offence :roll: Tis why we use professioanl judgement and go after the darned stupidly dangerous. :roll:

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PostPosted: Sun Jul 22, 2007 00:07 
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jetcoins wrote:
thanks for the reply paul.
i do not have the original envelope but is it a failure of service if it is posted 2nd class as opposed to 1st class. the reason i ask is that i remember being a little surrised that it was not posted by recorded or something that proved it had arrived.

Not sure if it is the same to ALL partnerships, but the ones I have seen were all FRANKED, not stamped.
A record of franked mail for the day/week of dispatch should soon show how many went 1st/2nd class, if not who to!

ACPO says they should be recorded... but hey it's only a code, not LAW - a bit like the non legal bits of the Highway Code I suppose! :roll:

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