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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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I was caught speeding on 3rd July. I received the NIP - filled

Resolved Question:

I was caught speeding on 3rd July. I received the NIP - filled it in and sent it off. I then hear nothing until last week when I receive a court summons. I thought this should have been received within 6 months?
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you just tell me what the limit was and how fast you were going. Also when did you send back the NIP.

Customer:

Thank you. I am v concerned as the notice says it carries 2 charges of penalty points - speeding and failure to let them know. If I receive 6 points that would disqualify me.

Customer:

It says the road has limits of 40mph and 50mph and I was exceeding 40. NIP was returned as soon as received.

Customer:

Are you still there?

LondonlawyerJ :

Yes. I am. I will answer you later this morning. When was the NIP returned? When was the summons issued?

LondonlawyerJ :

Also when is the court date? When you on say failed permanently to let them know was that re driver's ID?

LondonlawyerJ :

The time limits are as follows. For most summary only offences (including speeding) the prosecuting authority must lay the information before the court within 6 months of the offence being committed. Day 1 for time counting purposes is the day after the offence. The laying of the information is what triggers the issuing of the summons which is then served on you. The summons should include the date the information was laid. Often this is referred to as “Date of information”. If this shows that the information was laid out of time then the summons is defective and you will have a complete defence.


The time seems very tight in this and it is possible that the information was laid just before 4th January, took a little while to get issued and then a little while longer to be served and may be in time. You need to check the summons for the information I have suggested above. It is not the date of issue or the date of service that matters but the date of the laying of the information by the prosecuting authority that matters.


I hope this answers your question but please feel free to aske follow up questions. I would also be very grateful if you would please take the time to rate my service. This will not close the question and I will continue to reply.

Customer:

I have just looked at the court summons again - the only date is on the 'certificate of use of prescribed Device' which is dated 17th Dec. I realise that they may have requested the summons within the 6 month period - that is not really my issue. I am prepared to accept the points for the speeding - this was never in doubt, I filled in and returned the NIP within the specified time scale as requested. What I am not prepared to accept is the 3 points for 'failing to give information relating to the identification of the driver when required'. They have enclosed copies of the 'request for driver information' but I never received these - they have stated that they were sent by first class mail, not recorded or registered so there is no proof I have received them.

Customer:

I don't know what to do next.

LondonlawyerJ :

Just to be clear that I have got this right you received your NIP for the speeding which was completed and returned (with an admission of guilt?). You did not receive any notice requiring you to identify the driver. You have now received a summons for both matters.


 


This answer assumes that the address where you live is the same as registered with the DVLA.


 


You should immediately write to the court explaining that you did not receive any request for driver information and that you were the driver. You should make it very clear that you would have responded if it had been received. If you pleaded guilty by post in response to the speeding NIP you should refer to this and point out that in doing so you have admitted being the driver. You should send a copy of the letter to the CPS (details hopefully on the summons, if not call the court for details the correct CPS office and reference) and invite them to withdraw the allegation of failing to provide details.


 


Also if you are contacting the court it might be worth asking for the date when the information was laid on the speeding matter.


 


You will need to react to their response and the CPS not being very efficient may not respond at all. The important thing is that you do. It may eventually come down to a trial where you state you didn’t receive the letter and the CPS show proof of posting and the magistrates have to decide if they are sure that you are not telling the truth. If it comes to this you may want to consider being legally represented in court.


 


I hope this answers your question but please feel free to ask further questions.

Customer:

Thank you. I have now spoken to the CPS and they were extremely helpful.

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