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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir, Madame, On 21 June 2014 I received an NIP for

Resolved Question:

Dear Sir, Madame,
On 21 June 2014 I received an NIP for speeding on the A46 near Bath - (82 mph on a dual carriageway, limit 50).
I pleaded guilty and gave license details and my name. The NIP was returned on or around 24 June 2014. When I moved to Devon I notified the Speed Enforcement Unit, DVLA and Motability of my change of address. Today I received a Postal Requisition with one charge 'Exceed 50 MPH speed limit in contravention of a local traffic order -manned equipment.' On page six of MG4E, I read a notice. The first paragraph states that I failed to provide to the police within seven days necessary documents, (driver's license, insurance). I was not instructed to in writing or asked in person. And because it is a Motability Vehicle, I do have a license, three years insurance and V5E. Why am I being prosecuted for not providing evidence? Your advice should be greatly appreciated.
Yours faithfully
Mr ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : For now please let me know whether you filled in the NIP and posted it back?
Customer:

I completed the NIP, signed,dated entered a guilty plea and disclosed my DVLA details.

Customer:

It was returned by first class post on or around 24 June 2014 within seven days.

Customer:

A copy of page 2 of the NIP is attached to the Postal Requisition. Page 1 and Page 2 of said NIP is noted as evidence JM1 and JM2.

Customer:

I know I have to send a guilty plea back to the court for the driving offense. Their is only one charge on the charge sheet "Exceed 50 mph speed limit contravention of a Local Traffic Order-manned equipment". I have to do this swiftly. The hearing or court case is 10.00 a.m. 23 December 2014.

Customer:

I do not have to attend and thus, will not unless otherwise ordered to.

Customer:

But my concern is that on page 6 of the MG4E document, I am instructed to read a notice. It stateS:-

Customer:

"You have been charged without using a vehicle without the necessary documents (a driving license, a test certificate or insurance). The charge does not state this. I was not instructed formerly in writing or verbally in person by an enforcement officer to do so. Had I received such instructions, I would have presented this evidence within seven days of being told. The offense occurred on 18 June 2014. So you answer to this should give me appropriate direction.

Alex Watts : What does the postal requisition charge you with?
Customer:

Their is only one charge on the charge sheet "Exceed 50 mph speed limit contravention of a Local Traffic Order-manned equipment". I have to do this swiftly. The hearing or court case is 10.00 a.m. 23 December 2014.

Alex Watts : Ok. Did you plead guilty by post?
Customer:


<div class="JA_chatMsgAuthor"Customersays:

1:44 PM



I completed the NIP, signed,dated entered a guilty plea and disclosed my DVLA details.






1:48 PM



It was returned by first class post on or around 24 June 2014 within seven days. However, today I received the Postal Requisition dated 28th November 2014



Customer:

This I have to return with a further guilty plea and a statement is provided for a plea of mitigating circumstances. I am guilty of the offense and cannot think of mitigating circumstances to reduce the a fine or a ban period. Not unless there is something I can add to support this? I was on a day out with my wife, we are both disabled, I am a war veteran and suffer with PTSD but this does not affect my driving.

Alex Watts : Do you have any other points?
Customer:

No. My last entry which has since been removed from the part two of the license. I was doing 80 MPH in a 70 limit. that was a straight fine and three points. Prior to that and four years previous I did a 37 in a 30 again three points. No other convictions.

Alex Watts : Ok Nick you do not need to worry. You are likely to get a small fine and 3 points. You don't be banned.
Alex Watts : You are only being prosecuted for speeding, nothing else. So not failure to supply documents or anything else, only speeding.
Alex Watts : So you will get points and a fine.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you for your answer(s) if I I was able to email you copies of two parts of the 'summons' or requisition I could hi-light two areas of concern. The charge I understand and this part is self explanatory. I understand from experience that because it is a speeding offense the law states that I am not required to show my documents, license and other nomenclature, unless otherwise told. I was not asked/told to verbally or in writing. However in part six, (whether this is a 'standard format') it infers that this is included. So why is this information not in the charge? You do not have to answer today especially if this is going to cost more. But thank you for your time. Kind regards, ***** *****

Alex Watts :

You can but if the only charge on the summons is speeding, that is ALL you need to worry about

Alex Watts :

You dont need to worry what else is in the other information

Alex Watts :

Only the charge on the summons is what is important, NOTHING else.

Alex Watts :

Does that help?

Customer:

Thank you for your answers. There is nothing else. Kind regards Nick

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