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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I was issues with a TP010 by west mids police on 26 Jan 2016

Resolved Question:

I was issues with a TP010 by west mids police on 26 Jan 2016 Speeding on a dual carriageway excess 100mph. The TP010 did not have the NOITP box ticked.
I have just received the Single Justice Procedure Notice on July 22nd and it states in exceed
60mph single carriageway.
Should I have received a NOITP within 14 days and shouldn't the charge be exceed 70mph dual carriageway?
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.

Were you stopped at the scene?

Customer: replied 8 months ago.
Customer: replied 8 months ago.
Hello are you still there Jo?
Customer: replied 8 months ago.
Hello Jo are you still there?
Customer: replied 8 months ago.
Hello Jo you haven't answered my question. Please can you answer my question.
Customer: replied 8 months ago.
OK I'll wait
Expert:  Jo C. replied 8 months ago.

Thanks.

If you were stopped at the scene then you should have been issued with a verbal NIP so the requirement to act within 14 days falls away.

They only have to either issue a verbal NIP at scene or send out a written NIP within 14 days.

Expert:  Jo C. replied 8 months ago.

I'm not sure what you mean about the charge? They say you were doing 100mph. They are allowed to set that down.

Expert:  Jo C. replied 8 months ago.

If the speed limit was 70 mph then that is a correction you can ask them to make at court but obviously 100mph exceeds the national speed limit anyway.

Can I clarify anything for you?

Jo

Customer: replied 8 months ago.
There is a tick box on the form for "Notice of Intended Prosecution (NIP) Offence Verbal" This is unticked.
Surely this should have been ticked?
Also the charge is wrong. I was on a dual carriageway NOT a single carriageway. Surely the charge has to match exactly the offence?
Expert:  Jo C. replied 8 months ago.

Not really.

The NIP was served at scene.

No, the charge is not wrong. The particulars can be amended and anyway you were over the national speed limit.

Customer: replied 8 months ago.
Surely the law isn't this sloppy. Also this is 6 months since the alleged offence is this normal?
Customer: replied 8 months ago.
OK Jo tnx. Should I ask them to correct the charge as 60-100 is worse than 70-100 on a dual carriageway?
Expert:  Jo C. replied 8 months ago.

Yes, it would be worth raising the speed limit issue as that would reduce the sentence.

The reality is that they are likely to summons you anyway so you could do it in person at court.

Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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