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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 808
Experience:  Solicitor with over 15 years experience.
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I have received a final warning letter dated the 20 July 2015

Customer Question

I have received a final warning letter dated the 20 July 2015 from the central ticket office dorset police for an alleged speeding offence on the 9 june 2015 at 9.46 38 .they state the road but do not quote the spped.
At no time have I received a Notice Of Intended Prosecution.
What is my position on this ?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
Does the final warning letter refer to a NIP that has not been responded to that they claim to have sent you? Is the final warning a letter repeating the information that was in the NIP and inviting you to respond?
Customer: replied 2 years ago.

The final warning letter dated 20 july 2015 refers to the NIP issued to me which i have never recieved and states if i did not recieve the original notification to complete the form overleaf and return within 7 days.

Customer: replied 2 years ago.

The answer to the first part of your question is yes. The answer to the second part is no as i never received the NIP as mentioned earlier please respond thank you

Expert:  LondonlawyerJ replied 2 years ago.
I am in court this afternoon but will answer you this evening. I hope that is OK.
Expert:  LondonlawyerJ replied 2 years ago.
You should fill in the form explaining that you did not receive the NIP. But you should also fill in the section about who was driving as well.
If you do this you will probably avoid prosecution for failing to respond to the NIP. If there is a trial the burden of proof switches so that you have to show the court that it is more likely than not that yo did not receive the NIP (and through no fault of your own). This can be difficult.
You are still under an obligation to provide the details requested and should do so.