28/11/14 offence summons 11/6/2015
yes please just so I am clear.
Offence date 28/11/14.
Summons date 11/6/2015
Charges say on the 1/1/2015 I failed to give detail... not true as I wrote to them.
Do I just write to them and say that all send all the papers for the court???
This is what I got back.
With regards ***** ***** time frame of 6 months, this is 6 months from the offence date, i.e. 6 months from the initial speeding offence would be outside the time limit as the speeding offence was 28/11/2014 and the postal requisition/ summons was issued on 11 June 2015.
However, the offence you have been summonsed for is Failure to Identify the driver, the offence date for this comes from when the First Notice of Intended Prosecution went to the person on file, i.e. The notice which was sent to yourself on 2/12/2014. The offence date is 28 Days from this being sent (28 days, then we allow extra days for post). So the offence date becomes 1 January 2015. Therefore, the summons was served within 6 months from this date.
With regards ***** ***** letters you mention, there are no letters recorded on file as being received at the Central Process Unit, you would have been required to send in your admission to driving, or the nomination of the driver, to the Central Process Unit and as this was not received, the file progressed to Failing to Identify the driver.
Please complete the plea and means form, if not already done so and return this to the court , or attend the hearing on 10 August 2015 @ 1000 to explain the situation, as unfortunately, there is no record of any correspondence being received.
Please send in all proof of postage and we can investigate the matter for you, but we do require a plea to the offence of failure to Identify driver, prior to the hearing on 10 August 2015.
This is what I have sent to the CPU...any advise?
Thank you for responding to my email of the 28/7.
On the 1/12/2104 I was sent a Notice of Intended prosecution and Request for Drivers information.
I wrote to you, letter dated 8/12/2014 and admitted I had been driving and asked a question. I also apologised in the letter and was very clear that I was the driver. I did not withhold information and did not fail to identify the driver.
I then heard nothing more until the court papers arrived in June 2015.
I had not received any notification of prosecution for failing to identify the driver.
I wrote to you again on the 23/6/2105 no reply. Again I confirmed I was the driver.
I wrote again 22/7/2015 to all 3 parties on the court summons - all 3 by recorded delivery.
The Court - I called them and they have confirmed they received a copy but have not replied. Registered letter 26/6. BZ919882576GB
The CPU - who say they have no record on file. - Registered letter 26/6. BZ919882593GB
The Head of CPU Business support - Tim Ewen, no reply. Registered letter 26/6. BZ919882580GB
The recorded deliver receipts are available.
I cannot plead guilty to the offence as I did not fail to identify the driver and did not get any form of notification.
I have always maintained that I was the driver, I did provide the information in my letter date 8/12/2014 and in the subsequent 4 letters.
I was not notified of any further request for information or the intention to prosecute and had no correspondence form yourselves between the original speeding notice and the Court papers.
I have a clean driving licence and have never had any form of prosecution against me.
I would appreciate it if you could tell me how you wish to proceed, I have not at any point withheld information or denied it was myself driving the car.
This is what I now have from the CPU. What do you think.
Please be advised that no response to the Notice of Intended Prosecution has ever been received from you. This is why your case has proceeded to court for the offence of Failing to Give Information relating to the Identity of the Driver. Should you dispute this, you may choose to enter a plea of Not Guilty and the matter will be fixed for a trial in 6-8 weeks’ time. You will then be required to put forward your evidence before a bench of magistrates who will decide the outcome of the case.
In relation to the letters sent via recorded delivery following receipt of your Postal Requisition, investigations are being made into who signed for the letters. In any event, this has no bearing on the offence charged.
However, as you have indicated that you were the driver at the time, as the prosecution, we have the discretion to amend the charge back to the original speeding offence. An application would be made at the hearing on 10/08 and the Magistrates should have no objection. This is offered on the basis of a Guilty Plea being entered and the Fail to ID charge would then effectively be withdrawn. Please advise via return email whether you wish to proceed in this way.