Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Are you the registered keeper of the vehicle please?
Is the address correct?
So you never had the notice of intended prosecution?
And you did not get a reminder?
I assume this is a private vehicle not commercial?
Does anyone else have access to your post?
Does your post get mis-delivered?
Do you have historic postal problems?
Ok - if you plead or are found guilty then this is a mandatory 6 points
If you are found guilty there will be Court costs of several hundred pounds.
However the Prosecution must show that you were sent the document.
I imagine they will have a certificate of service showing the documents were sent and the process for that.
You would therefore need to show that, on balance, you did not get the document.
Not only would you have had an NIP but also a reminder.
If you can show evidence, on balance there are postal problems then you stand a reasonable chance of being acquitted.
If you can get something from Royal Mail, or your counterpart at 476a to give evidence then it would be useful
As that person can confirm that post does go astray.
Further if you have a partner, they can confirm that post goes missing.
In short you would need to show on balance that you did not get the document and therefore could not have sent it back
Yes. That is likely to be the reminder.
But if you contest it, this is what you need to show - on balance you did not get it
But you should really have some evidence of this
Can I clarify anything for you about this today please?
I do not quite understand - they are saying you contact them in August?
Ok - what is period on summons and what is date of information?
What is the period alleged on the summons. It will say between x and x
Then you should have a date of information on the summons
Ok - then the summons is in time.
They have 6 months from 2/9/13
Can I clarify anything for you?
No - its only a fine plus points, plus £85 costs
But you do not need to plead guilty if you did not get the documents and you can show that you have problems with your post.
No, not at this stage.
The matter will be set down for a hearing. You need to say whether you want the person that sent the NIP out
You probably don't need them to attend Court if you didnt get it.