Hello my name is ***** ***** I will help you with this.
What is the date of information please, rather than date of statements?
I do not understand your question
The date of the notice to defendant letter is dated 24 March 2015
When you get something from Court, it should have been a postal requisition.
It should say date of information on it somewhere
It needs to be within 6 months of date of information.
If not it is out if time.
If it is within 6 months they are in time.
If it does not show you need to call the Court and ask.
But if its outside 6 months, you are ok.
The notice to defendant letter has come from the Metropolitan Police
If under 6 months date of information you face Court
You need to ask the Police then what was the date of information
Can I clarify anything for you about this today please?
Where will I find the date of information within this notice to defendant letter ?
It should be, or you need to ask them to confirm the date of information, ie when they notified the Court.
The Police or the court will tell you this.
I am looking now
the witness statement provided by the police is dated 23 March 2015
You need the date of information not witness statement.
If it is not there you need to contact the Court/Police to find out date of information
within the explanatory notes on the letter it says the following:
"the dates shown on the statement are when the form requesting the information were sent to you. a summons has been issued because no response to this request was received in this office. the date of offence shown on the summons documents is when the offence of failing to supply driver details is deemed to have taken place."
I can't say from that. You need to check with the Court.
If it is 23rd March they are out of time
But best to check so you know for sure the position.
Can I clarify anything else for you today?
so who do I contact ? the court or the police ? and what am I asking them ?
The Court. You are asking for the date of information
I have not received anything from the Court. Just a letter from the Police
Ok. Well contact the Police then
You need the date of information as previously indicated
But the Court should have the information because it is being heard on 15th April
ok. can you kindly confirm what is "date of information" ?
The date the information was passed to the Court
have I been charged for this ?
I have been told the date of information that it was passed to Court was 24 March
is it 6 months from the date of the actual speeding offence which was 22 September or is it 6 months from the date of the first NIP letter which I received which was dated 1 October ?
6 months from date of offence so it is out of time.
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I have just spoken to the Metropolitan Police. They have advised that it is NOT 6 months from the date of the actual offence (22 September) but it is 6 months from the date of me failing to provide details of the driver to them which they say is 2 November being 28 days from the date of the first NIP letter dated 1 October.
Can you advise
Hold on, you said you were being charged with speeding and not failure to provide?
I am being charged for an alleged offence of excess speed and failing to provide the name and address of the driver
The speeding is out of time, you are ok with that.
I thought I hade made that clear in my original question
What are the dates for the offence (on the form) for the failure to provide
Between what dates for failure to provide?
It was say between todates
The first NIP letter I received was dated 1 October. That letter gave me 28 days to respond. I received a further NIP letter dated 29 October giving me a further 28 days to repsond
Ok, the speeding you are fine with. That is out of time.
The failure to provide you are stuck with.
If the last one was 29th October I assume they will run with that day.
So forget the speeding, that is gone
But the failure to provide is IN time.
Does that clarify?
They have informed me they are running 6 months from 2 november
Yes. You generally have 7 days to reply to the NIP.
So that will be about right.
But either way its in time.
What is the penalty for my failure ?
If the date to Defendant is 24th March and you had the last NIP on 29th October, its in time for THAT offence
6 points and a fine.
Sadly its in time and the points are mandatory. There is no getting away from that.
You could ask the prosecutor on the day to accept the speeding and drop the failure to provide. They may do that for you
Ok. I did respond to the second letter but I have no evidence of postage
I see. Sadly that does not help then. I assume you did not keep a copy before you sent it?
Yes I did.
OK you still have that?
Ok, then you can plead not guilty. The other side would have to prove that you did NOT post it.
but I have no proof of postage
That does not matter. The prosecution have to prove you did NOT post it.
If you are found guilty you still get 6 points so nothing really yo lose
Can I clarify anything else for you?
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