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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70524
Experience:  Over 5 years in practice
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I am in court tomorrow for speeding 35mph in 30 zone The

Resolved Question:

I am in court tomorrow for speeding 35mph in 30 zone

The alleged offence took place 08/05/2013 I did not receive - or the address on record did not receive NOP until 07/06/2013. I was informed on the 8th Jun

I have been away working and have just come back - no time for legal representation
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.
I need advice on whether not I have a case
Expert:  Jo C. replied 3 years ago.
Thanks.

Proceeding on the basis that you are the registered keeper the nip should have been sent out within 14 days.

Clearly on their evidence it was. They will have a statement from a civilian support staff member to the effect he put it in the post and the court probably will accept that. You cannot prove it wasn't issued. All you can prove is that it wasn't received.

Its not likely to be thrown out on the basis they are out of time with the nip unless, of court, they do not have that statement.

If you are also charged with failing to identify though then you do have a defence to that because you cannot identify if you don't receive the nip. While they can say it was placed in the post they cannot prove that you received it unless they actually sent it recorded delivery which they don't do any more.

Sorry if this is bad news.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
I do have texts from person who was at the delivery address stating when the NIP was received at that address which is where the vehicle was registered at the time
Expert:  Jo C. replied 3 years ago.
Yes but that will relate to the Second reminder nip? In any event, texts wont be admitted. If you want their evidence to be considered you need to get them to court.
Customer: replied 3 years ago.
No that was original NIP, I received notification of the existence of the NIP and asked the householder when it had arrived - they replied "the day before" the texts are dated and proves it was received on the 7th June - 4 weeks after the offence
Expert:  Jo C. replied 3 years ago.
You can always argue that.

The issue isn't the date of receipt but the date of issue actually but if something was received two weeks after it was ostensibly sent then that gives rise to the inference it wasn't sent on that date.

But you can't rely on texts. This person needs to go to court and give evidence.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’
Customer: replied 3 years ago.
I have already submitted a complaint and getting hacked off with continued emails
Expert:  Jo C. replied 3 years ago.
Ok. Good luck.