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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I committed a camera speeding offence on 22 September 2014.

Customer Question

I committed a camera speeding offence on 22 September 2014. I received a notice of intended prosecution dated 1 October 2014. I did not respond to this notice. I received a reminder notice dated 29 October 2014. I did not respond to this notice. I have now received a notice to defendant - proof by written statement dated 24 March 2015. This notice informs me that on 15 April 2015 at 2pm the Magistrates Court will hear the evidence of the charge against me.
Taking all the above details into account, are the Police out of time to prosecute me for the offence given that it is over 6 months from the date of the actual offence (22 Sep 14) to the date of the notice to defendant (24 Mar 14) ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is the date of information please, rather than date of statements?

Customer :

Hello Alex

Customer :

I do not understand your question

Customer :

The date of the notice to defendant letter is dated 24 March 2015

Alex Watts :

When you get something from Court, it should have been a postal requisition.

Alex Watts :

It should say date of information on it somewhere

Alex Watts :

It needs to be within 6 months of date of information.

Alex Watts :

If not it is out if time.

Alex Watts :

If it is within 6 months they are in time.

Alex Watts :

If it does not show you need to call the Court and ask.

Alex Watts :

But if its outside 6 months, you are ok.

Customer :

The notice to defendant letter has come from the Metropolitan Police

Alex Watts :

If under 6 months date of information you face Court

Alex Watts :

You need to ask the Police then what was the date of information

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

Where will I find the date of information within this notice to defendant letter ?

Alex Watts :

It should be, or you need to ask them to confirm the date of information, ie when they notified the Court.

Alex Watts :

The Police or the court will tell you this.

Customer :

I am looking now

Alex Watts :

Ok.

Customer :

the witness statement provided by the police is dated 23 March 2015

Alex Watts :

You need the date of information not witness statement.

Alex Watts :

If it is not there you need to contact the Court/Police to find out date of information

Customer :

within the explanatory notes on the letter it says the following:

Alex Watts :

Ok

Customer :

"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."

Alex Watts :

I can't say from that. You need to check with the Court.

Alex Watts :

If it is 23rd March they are out of time

Alex Watts :

But best to check so you know for sure the position.

Alex Watts :

Can I clarify anything else for you today?

Customer :

so who do I contact ? the court or the police ? and what am I asking them ?

Alex Watts :

The Court. You are asking for the date of information

Customer :

I have not received anything from the Court. Just a letter from the Police

Alex Watts :

Ok. Well contact the Police then

Alex Watts :

You need the date of information as previously indicated

Alex Watts :

But the Court should have the information because it is being heard on 15th April

Customer :

ok. can you kindly confirm what is "date of information" ?

Alex Watts :

The date the information was passed to the Court

Alex Watts : Does that clarify?
Customer :

yes

Alex Watts : Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen
Alex Watts : if you need more help please click rely
Alex Watts : reply
Customer :

have I been charged for this ?

Alex Watts : I have nothing to do with billing I can only see questions.
Alex Watts : if I could ask you to contact customer services
Customer :

hello

Customer :

I have been told the date of information that it was passed to Court was 24 March

Customer :

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 ?

Alex Watts :

6 months from date of offence so it is out of time.

Alex Watts :

Please be kind enough to rate my answer so the site credits me for my time.

Customer :

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.

Customer :

Can you advise

Alex Watts :

Hold on, you said you were being charged with speeding and not failure to provide?

Customer :

I am being charged for an alleged offence of excess speed and failing to provide the name and address of the driver

Alex Watts :

The speeding is out of time, you are ok with that.

Customer :

I thought I hade made that clear in my original question

Alex Watts :

What are the dates for the offence (on the form) for the failure to provide

Alex Watts :

Between what dates for failure to provide?

Alex Watts :

It was say between todates

Alex Watts :

two dates

Customer :

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

Alex Watts :

Ok, the speeding you are fine with. That is out of time.

Alex Watts :

The failure to provide you are stuck with.

Alex Watts :

If the last one was 29th October I assume they will run with that day.

Alex Watts :

So forget the speeding, that is gone

Alex Watts :

But the failure to provide is IN time.

Alex Watts :

Does that clarify?

Customer :

They have informed me they are running 6 months from 2 november

Alex Watts :

Yes. You generally have 7 days to reply to the NIP.

Alex Watts :

So that will be about right.

Alex Watts :

But either way its in time.

Customer :

What is the penalty for my failure ?

Alex Watts :

If the date to Defendant is 24th March and you had the last NIP on 29th October, its in time for THAT offence

Alex Watts :

6 points and a fine.

Customer :

ok

Alex Watts :

Sadly its in time and the points are mandatory. There is no getting away from that.

Alex Watts :

You could ask the prosecutor on the day to accept the speeding and drop the failure to provide. They may do that for you

Customer :

Ok. I did respond to the second letter but I have no evidence of postage

Alex Watts :

I see. Sadly that does not help then. I assume you did not keep a copy before you sent it?

Customer :

Yes I did.

Alex Watts :

OK you still have that?

Customer :

yes

Alex Watts :

Ok, then you can plead not guilty. The other side would have to prove that you did NOT post it.

Customer :

but I have no proof of postage

Alex Watts :

That does not matter. The prosecution have to prove you did NOT post it.

Alex Watts :

If you are found guilty you still get 6 points so nothing really yo lose

Customer :

ok

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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