Fine and Points

signaller · 9 May 2011 22:17

I’m not trying to GET OFF a speeding charge.If I was indeed speeding then I must answer to that. My problem was/is that I was not aware of any speeding offence prior to receiving the notification of the fine and points for failing to disclose driver details.
I’ve taken advice from here and pepipoo and made the SD last week.I assumed it would revert to the NIP stage (as I’d not received it in the first place) but I’m not so sure now.Can they still pursue me for failing to disclose even though I knew nothing of it.I would have replied to the NIP had I received it, as it’s in our interests to do so.

lovlyperson · 9 May 2011 23:35

Signaller:
Hi,
need some advice please.Received a letter from magistrates court advising me of a fine (£525) and 6 points for failing to disclose driver details. It relates to an alleged speeding offence of which I knew absolutely nothing of, until I received said letter. I was driving for an agency on the date stated. If there is proof I was indeed speeding then I must have no argument with that. The agency, or the firm I was driving for at the time must have given the police/courts my details.Again, I have no problem with that too.
My problem is that I did NOT receive the NIP regarding the initial speeding allegation. And prior to receiving the letter about the fine and points I have received nothing asking me who was the driver/was I the driver, on the date quoted. I have not changed address recently, so any letters sent could not have gone elsewhere.
My only defence is that I was totally unaware of this. Had I received the initial NIP I obviously would have replied to it. I have been so careful regarding speed limits etc; and I do not recall being caught speeding at any location. Is there any right of appeal to the offence of failing to disclose driver details. I would have replied if I was aware of it. It’s obviously in our interests to do so.Thanks in advance for any help.

Regards

Andy

I got a Letter from Council London and fought it down.
two year later told me my Agency i have to pay £120.- as i went a wrong Road.
didn’t get any letter so i don’t pay,i replied.
Now they told me Road,date and Time and i contacted Council london.
wasn’t true
it was when i got the first Fine,i fought back,Tesco paid it and forwarded it to Southern recruit.
Now they are called TRG and are the Main-Agency here,and try to get the £120.- back they paid.
Don’t know why they don’t claim it from the Council back
Anywhy. everyone,from tesco over Agency to union told me to pay,but i didn’t as i was sure i’m in right.
But,if you not sure then is it maybe more Expensive at last.
Don’t know why they didn’t sent you a Letter

signaller · 3 July 2011 22:56

Hi,
I did go on to pepipoo, and got some great advice.Have now received a summons to appear at Court for Failing to Disclose.All I can do now is appear at Court, tell the truth and hope they believe me. Obviously I am pleading not guilty on FTD.I can’t prove I didn’t receive a NiP, but equally they can’t prove that I did.I’m not being charged with speeding as I suspect it may be timed out.The alleged speeding offence occurred on 08/11/10.Thanks again for all replies to date.

Regards

Andy

ron9516 · 3 July 2011 23:31

Signaller:
Hi,
…I can’t prove I didn’t receive a NiP, but equally they can’t prove that I did…
Regards

Andy

They don’t need to; Proof of posting (which they will have) will be accepted as proof of delivery by the court. Especially as they claim they sent two letters (thats why they send two) the beaks will say that one missing letter is possible, two is unlikely and draw the conclusion that you ignored them both.

I’m afraid it’s down to you to prove you didn’t receive them, not them to prove you did.

I know the law is an ■■■.

References to service by post.
Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

P.S In court it may be worth asking for the address the letters were sent to and ask them to submit the proof of posting receipts as evidence.

signaller · 26 September 2011 02:54

It’s been a while since I last posted. Had my day in Court last week, and pleased to let you know that the case against me was dismissed. The Magistrates found me a ‘Very Credible Witness’. I just told the truth. Thanks to everyone who replied.

Regards

Andy

coffeeholic · 26 September 2011 03:31

Nice one.

driver-once-more · 26 September 2011 05:50

Signaller:
Thanks to everyone who replied.Have been away on compassionate leave and am only online at work. Am going to my local Magistrates Court this afternoon regarding the Statutory Declaration and will post again tomorrow.
The alleged speeding offence occurred on 8th November 2011. The NIP was sent to the firm I was driving for, and they replied, naming me as the driver. I was advised that two requests for driver details have been sent to me at my address. I have received NOTHING, until the letter in my first post regarding the fine and points for failing to disclose driver details.As I said before, I would have replied, had I been aware of it, as it is in our interests to do so.Will let you know how I get on.

Regards

Signaller

jessicas_dad · 26 September 2011 07:42

good news, so no points at all.

bigvern1 · 26 September 2011 08:09

Seems like your postie is taking the ■■■■. Dumping your mail instead of delivering it.

wheel_nut · 26 September 2011 08:52

Driver-Once-More:

Signaller:
Thanks to everyone who replied.Have been away on compassionate leave and am only online at work. Am going to my local Magistrates Court this afternoon regarding the Statutory Declaration and will post again tomorrow.
The alleged speeding offence occurred on 8th November 2011. The NIP was sent to the firm I was driving for, and they replied, naming me as the driver. I was advised that two requests for driver details have been sent to me at my address. I have received NOTHING, until the letter in my first post regarding the fine and points for failing to disclose driver details.As I said before, I would have replied, had I been aware of it, as it is in our interests to do so.Will let you know how I get on.

Regards

Signaller

The original post was in April 2011 so that bit in red would probably be a mistake by the OP and he meant 2010

Anyway it is all over and dusted

I am disappointed, no jail term, no bubba and no huge fine as predicted by the TNUK knowledge base

m4rky · 26 September 2011 16:36

Well done mate its nice to read some good news for a change

schrodingers_cat · 26 September 2011 17:07

Nice one, its great to see someone benefit from refusing to roll over and take it up the bottom.

mike-c · 26 September 2011 22:18

Bit of a moot point now, but one major thing seems to have not been addressed (or maybe was in court). He never recieved a summons?

rambo19 · 27 September 2011 15:54

Signaller:
It’s been a while since I last posted. Had my day in Court last week, and pleased to let you know that the case against me was dismissed. The Magistrates found me a ‘Very Credible Witness’. I just told the truth. Thanks to everyone who replied.

Regards

Andy

Well done fella!!
Just goes to show, when your innocent, fight it!!
Had a very simular situation to you, I appealled and ended up at The Old Bailey in front of a judge and 2 magistraits. Presented my case and conviction quashed.