She is disabled and doesn’t drive. Her husband and myself are named drivers of her Motobility car, although I do not use it very often. On one occasion last year we were all in the car together and got flashed for speeding. 35 in a 30 limit. I wasn’t driving, neither was she {clue}
She later received an NIP asking for the drivers details which she misplaced before completion. I wrote to the camera section asking for a duplicate. This was apparently sent but no one ever recalls seeing it although a blurred photo of the vehicle and the camera markings did arrive in the post.
The next communication was from Motobility informing her that the information must be given and they must be notified if any driver was prosecuted. I am squeaky clean this time but my mate isn’t…
So now she has been summonsed to court in December with a charge of exceeding the speed limit and failure to fill in the NIP. There is also a mention of a fine and £60 costs.
No mention of points or her Husband but the choice is Guilty by post, Guilty in court or Not Guilty in court!
I have given her my advice, what would the trucknet massive advise?
Wheel Nut:
This was apparently sent but no one ever recalls seeing it although a blurred photo of the vehicle and the camera markings did arrive in the post.
Thank you…
I maybe missing the obvious, but the above statement doesn’t seem foolproof for any conviction to me.
Wheel Nut:
She is disabled and doesn’t drive. Her husband and myself are named drivers of her Motobility car, although I do not use it very often. On one occasion last year we were all in the car together and got flashed for speeding. 35 in a 30 limit. I wasn’t driving, neither was she {clue}
She later received an NIP asking for the drivers details which she misplaced before completion. I wrote to the camera section asking for a duplicate. This was apparently sent but no one ever recalls seeing it although a blurred photo of the vehicle and the camera markings did arrive in the post.
The next communication was from Motobility informing her that the information must be given and they must be notified if any driver was prosecuted. I am squeaky clean this time but my mate isn’t…
So now she has been summonsed to court in December with a charge of exceeding the speed limit and failure to fill in the NIP. There is also a mention of a fine and £60 costs.
No mention of points or her Husband but the choice is Guilty by post, Guilty in court or Not Guilty in court!
I have given her my advice, what would the trucknet massive advise?
Thank you…
I had a similar problem many years ago although I didn’t misplace my NIP I ignored it BIG mistake! I not only got prosecuted for speeding but also for not filling in the NIP and that turns out to be treated more serious than speeding! I got 5 points on my licence and a massive fine, cant remember the exact amount but it was around £400 I think including court costs! And I was only doing 37 in a 30 and would of only got 3 points and £60 if I’d just sorted it straight away. luckily the points are all gone now but it’s really not a good idea to ignore these things.
Sorry if this is not very encouraging but they really make you suffer for this
Wheel Nut:
This was apparently sent but no one ever recalls seeing it although a blurred photo of the vehicle and the camera markings did arrive in the post.
Thank you…
I maybe missing the obvious, but the above statement doesn’t seem foolproof for any conviction to me.
Turns out it doesn’t need to be a clear picture nor does it need to show the drive in the picture, as long as it shows the number plate of the vehicle you don’t have a leg to stand on, I found that out the hard way too And it’s upto you to know or keep a record of who’s driving your vehicle at any given time.
A, ahem, friend of mine ignored a request for details and then got the threatening letter, I, oops, he then phoned the safety partnership concerned and said that he never received the NIP, they said they’d sent it on such and such a date, he said it never arrived and asked if it was sent registered post, no, was the reply, so he then asked how they could nick him for failing to reply to a letter they can’t prove he got, after all we’re innocent until proven guilty, they can’t prove guilt, ergo he’s innocent, ok they said, just tell us now who was driving on such and such a date and we’ll send out a new letter, he mentioned that the date was prior to the expiration of the time limit for sending out extortion letters, end of story and they all lived happily ever after
Malc, tell em bollox, they can’t prove you received the letter, if they want their money that bad they should cough up for registered post, most people will just take it on the chin, but if you stand up to them, like most bullies, they go away
newmercman:
A, ahem, friend of mine ignored a request for details and then got the threatening letter, I, oops, he then phoned the safety partnership concerned and said that he never received the NIP, they said they’d sent it on such and such a date, he said it never arrived and asked if it was sent registered post, no, was the reply, so he then asked how they could nick him for failing to reply to a letter they can’t prove he got, after all we’re innocent until proven guilty, they can’t prove guilt, ergo he’s innocent, ok they said, just tell us now who was driving on such and such a date and we’ll send out a new letter, he mentioned that the date was prior to the expiration of the time limit for sending out extortion letters, end of story and they all lived happily ever after
Malc, tell em bollox, they can’t prove you received the letter, if they want their money that bad they should cough up for registered post, most people will just take it on the chin, but if you stand up to them, like most bullies, they go away
But after writing to tell them you’ve lost it you are giving them proof that you received it in the first place
newmercman:
A, ahem, friend of mine ignored a request for details and then got the threatening letter, I, oops, he then phoned the safety partnership concerned and said that he never received the NIP, they said they’d sent it on such and such a date, he said it never arrived and asked if it was sent registered post, no, was the reply, so he then asked how they could nick him for failing to reply to a letter they can’t prove he got, after all we’re innocent until proven guilty, they can’t prove guilt, ergo he’s innocent, ok they said, just tell us now who was driving on such and such a date and we’ll send out a new letter, he mentioned that the date was prior to the expiration of the time limit for sending out extortion letters, end of story and they all lived happily ever after
Malc, tell em bollox, they can’t prove you received the letter, if they want their money that bad they should cough up for registered post, most people will just take it on the chin, but if you stand up to them, like most bullies, they go away
But after writing to tell them you’ve lost it you are giving them proof that you received it in the first place
Read it again, I never sent a letter, I phoned them when they sent the second letter
newmercman:
A, ahem, friend of mine ignored a request for details and then got the threatening letter, I, oops, he then phoned the safety partnership concerned and said that he never received the NIP, they said they’d sent it on such and such a date, he said it never arrived and asked if it was sent registered post, no, was the reply, so he then asked how they could nick him for failing to reply to a letter they can’t prove he got, after all we’re innocent until proven guilty, they can’t prove guilt, ergo he’s innocent, ok they said, just tell us now who was driving on such and such a date and we’ll send out a new letter, he mentioned that the date was prior to the expiration of the time limit for sending out extortion letters, end of story and they all lived happily ever after
Malc, tell em bollox, they can’t prove you received the letter, if they want their money that bad they should cough up for registered post, most people will just take it on the chin, but if you stand up to them, like most bullies, they go away
But after writing to tell them you’ve lost it you are giving them proof that you received it in the first place
The law says that posting the NIP to last recorded address is sufficient proof that it has been served. However the term “proof of posting cannot be accepted as proof of delivery”, is used to suit other circumstances.
If the latter is used by the promoters of competitions etc. quite legally, then the same must apply.
I personally would go to court under these circumstances. I would plead Not Guilty to the charge of failing to supply the information on the NIP. I would also plead Not Guilty to any speeding charge as I wasn’t driving. I would expect the court to ask who was driving and prepared to tell them it was whoever had the least to lose was driving (if that’s ok with you Malc?)as the picture is crap.
I think appearing in person at court carries more weight unless you look like one of the Krays!
44 Tonne Ton:
I personally would go to court under these circumstances. I would plead Not Guilty to the charge of failing to supply the information on the NIP. I would also plead Not Guilty to any speeding charge as I wasn’t driving. I would expect the court to ask who was driving and prepared to tell them it was whoever had the least to lose was driving (if that’s ok with you Malc?)as the picture is crap.
I think appearing in person at court carries more weight unless you look like one of the Krays!
i would advise her to appear in court and be unable to identify the driver on that day. if she doesn’t or is unable to drive the points on her license will have no effect on her.
Another point regarding serving the NIP, if it is sent by ordinary post then how do the issuing authority prove that it was actually sent out within fourteen days of the alleged offence.
If the court accepts that their word is good enough, if you say you didn’t receive it, then that should be equally acceptable.
I think the problem is that there is a lack of justice in the legal system today. The threat that if you challenge a summons then the penalty could be increased is intimidation and in other circumstances an offence in itself. Due to this many thousands of drivers have meekly paid up, this is not justice. I would probably have done the same so I am not criticising them, simply making the point.
waddy640:
Another point regarding serving the NIP, if it is sent by ordinary post then how do the issuing authority prove that it was actually sent out within fourteen days of the alleged offence.
If the court accepts that their word is good enough, if you say you didn’t receive it, then that should be equally acceptable.
I think the problem is that there is a lack of justice in the legal system today. The threat that if you challenge a summons then the penalty could be increased is intimidation and in other circumstances an offence in itself. Due to this many thousands of drivers have meekly paid up, this is not justice. I would probably have done the same so I am not criticising them, simply making the point.
here in essex persons about a year ago ask for the camera"s calb or proof it has been tested they won the court case due to it as most camera"s are not tested or hand held ones
Mr B:
i would advise her to appear in court and be unable to identify the driver on that day. if she doesn’t or is unable to drive the points on her license will have no effect on her.
Hiya …if she has a licence but dos,nt drive you should have just paid the fine and said nothing.now you,ve made a thing of it
you,ll have to come up with a name. A chap i knew got flashed nr stoke 34 in a 30. well he asked for a photo(that cost him)
he went to a solicitor (That cost him again) he bought a book telling him how to get out of the fine (that cost him £50).
and he still got nicked after 15 months of wriggling.
If he,d said his wife was driving 3 points £60 quid job done…dont speed next time its easier …i,ve been nicked
stacks of times as the speed limit was 40 mph on all A roads until about 1985 and god it was boring driving at that speed.
I got nicked at 21.30 christmas eve one year. 53mph in open country side …that was second time in 12 months…
6 months ban.that was crule.
John
lots of replies, lots of ideas, just one thing, the car isn’t registered to me and I wasn’t driving, no one has tried to hide the fact who was driving, just that she missed the deadline.
I became involved then by writing the letter and eventually calling the court for my friend. She doesn’t have a driving licence, but does need the car for hospital appointments and clinics. It is only slightly modified to allow access but a saloon car or taxi is not a viable option.
I suppose the question should be, should she attend court, it will be me who has to drive her there as her husband is at work. To my mind, appearing in court is probably better than pleading guilty by letter, but she is very frightened, as the last time she was in trouble was at primary school when she lost her pencil sharpener.
Your help is required to convince her to attend, and if so what legal advice will she given.
Wheel Nut:
She is disabled and doesn’t drive. Her husband and myself are named drivers of her Motobility car, although I do not use it very often. On one occasion last year we were all in the car together and got flashed for speeding. 35 in a 30 limit. I wasn’t driving, neither was she {clue}
She later received an NIP asking for the drivers details which she misplaced before completion. I wrote to the camera section asking for a duplicate. This was apparently sent but no one ever recalls seeing it although a blurred photo of the vehicle and the camera markings did arrive in the post.
The next communication was from Motobility informing her that the information must be given and they must be notified if any driver was prosecuted. I am squeaky clean this time but my mate isn’t…
So now she has been summonsed to court in December with a charge of exceeding the speed limit and failure to fill in the NIP. There is also a mention of a fine and £60 costs.
No mention of points or her Husband but the choice is Guilty by post, Guilty in court or Not Guilty in court!
I have given her my advice, what would the trucknet massive advise?
Thank you…
Personally I wouldn’t go to court in this case. I would write to the court telling them everything you’ve written above including the details of the named driver at the time and, after making some apologies etc, asking them how they wish to proceed. However, this is based on the GATSO pic showing a legible pic of the car reg though. If it isn’t legible at all then I would be on the pepipoo site asking for advice on that one to see what the chances of a get out are.
Plead guilty by post,
send a cheque that overpays without licence inside,
overpay the cheque amount by say £1.50 ,
when the return cheque overpayment amount arrives back - Dont cash it]
Jobs a good`un
BIG mistake! I not only got prosecuted for speeding but also for not filling in the NIP and that turns out to be treated more serious than speeding! I got 5 points on my licence and a massive fine, cant remember the exact amount but it was around £400 I think including court costs! And I was only doing 37 in a 30 and would of only got 3 points and £60 if I’d just sorted it straight away. luckily the points are all gone now but it’s really not a good idea to ignore these things.
