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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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Hi-I have received a Postal requisition to attend court for

Resolved Question:

Hi-I have received a Postal requisition to attend court for a 40 mph speeding offence+failure to give information.
This court letter arrived last Saturday 15.3.14.
The alleged speeding offence took place last September at 17.54,6.9.13.(photo evidence came in the pack)
This is the first I know of this.
Is there a case to answer of it being over 14 days/6 months/
the post mark on the envelope is 14.3.14 which is over 6 months.
The witness statement from the camera operator is dated 4.3.14.
please can you advise.
I can scan and email all docs if required
thank you
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.

What would you like to know about this please?
Customer: replied 3 years ago.

I would like to know if i should write

Attachment: 2014-03-19_090218_speedcourt.pdf

to the court or speeding office with a reply of it being 'time expired'


Please can you advise.i have tried to attach a pdf of the document on here but I didn't get notification it had uploaded ok


Thank you

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but what is the time barring point?

Time runs from the date upon which you failed to identify not the date of speeding.
Customer: replied 3 years ago.

Ok.can you answer about the 14 day rule Re not having an nip through untill last saturday.like I said- this was the first I knew of it.i wondered if the the time had expired

Expert:  Jo C. replied 3 years ago.
Are you the registered keeper of the car?
Customer: replied 3 years ago.

I am the registered keeper.all paperwork is correct

Expert:  Jo C. replied 3 years ago.
Do the DVLA have the correct address for you?

Is there any interruption to your post normally?
Customer: replied 3 years ago.

Not normally.most post comes ok.dvla has correct info.thanks

Expert:  Jo C. replied 3 years ago.
Were you the driver?
Customer: replied 3 years ago.

Yes.

Expert:  Jo C. replied 3 years ago.
Thank you

The time barring issues here are almost certainly immaterial. They will be saying that they sent out the original nip within 14 days and the law only requires them to do that's rather than to ensure that it is delivered.

However, you do have another option here. If you did not receive the original nip and section 172 request then you could not respond to that naming the driver.

You would have to go to court and give evidence on the point and you would have to be reasonably credible. The Crown will not have any evidence that this was delivered largely because if it was not then they cannot have. The days when they used to send these things out recorded delivery have gone. Now all they do is put nips in 1st class post and get a witness statement from the civilian support staff member who placed it in the post. The fact that something has been placed in the post does not mean necessarily that it has been delivered.

If you can convince the bench that you did not receive this nip then you should be acquitted of the failing to identify.

The speeding offence will be an alternative charge and it will fall away because they have no evidence that you were the driver and you have no obligation to tell them now.

That said, you should be aware of the risks. If you lose after trial then you will be facing costs order in the region of £300-£600. Also, if you have a conviction for failing to identify then insurance companies will punish you for that much more harshly than a conviction for speeding.

Another alternative is to attend court and offer a plea to speeding alone in exchange for the discontinuance of failing to identify. I used to prosecute road traffic courts all the time when I was a baby barrister and it was rare that CPS pursued failing to identify where there was a plea to speeding on the table.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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