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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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I received an NIP and didn't answer about the driver or

Customer Question

I received an NIP and didn't answer about the driver or anything else and ignored all communications and now I have a summons to court. (I had done that a few years ago and they dropped it because they didn't know if it was me or my husband so I thought I could do the same thing again. This time, they have summoned both of us to court. Not sure what to do and I'm not even married now and the car that we both owned has been scrapped.) What would you advise?
JA: Since laws vary from place to place, what state is this in?
Customer: This is in the UK. Sussex. Is this an American site?
JA: Do you need to appear in court?
Customer: I think I can write in and plead guilty and see what they will do with me.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, is this a US or UK site. You used the word "State". I'm not going ahead because it looks like you are US site and I need UK advice.
Submitted: 10 months ago.
Category: UK Traffic Law
Expert:  Thomas Judge replied 10 months ago.

Let me see if I can help and please rate positive.

I am based in the UK. Do you accept the offence as alleged in the NIP?

Customer: replied 10 months ago.
I did do it. Now my goal is to get the smallest penalty possible.
Customer: replied 10 months ago.
Thanks for letting me know you are in the UK. I was asking that.
Expert:  Thomas Judge replied 10 months ago.

Ok. I see. You now will need to attend the hearing. It will not simply go away. If you attend and offer a plea to speeding alone in exchange for them withdrawing the NIP then almost certainly the prosecutor will accept that. This is not uncommon.

Customer: replied 10 months ago.
But my first option is to plead guilty by post and then I will not have to attend the hearing.
My question is simply how to get the least penalty. What type of extenuating circumstances would help me? Etc.
Customer: replied 10 months ago.
I also have some other speeding tickets that haven't gone this far. I'm just trying to get this all cleared up in one shot. One is almost a year ago. This one happened in March 2016. What do you advise doing?
Customer: replied 10 months ago.
Are you there?
Expert:  Thomas Judge replied 10 months ago.

Yes.

Expert:  Thomas Judge replied 10 months ago.

What is the offer in the plead guilty by post and is this just for the NIP?

Expert:  Thomas Judge replied 10 months ago.

or the speeding as well?

Customer: replied 10 months ago.
I don't really know. Let me look.
Expert:  Thomas Judge replied 10 months ago.

ok. Also what is the date of the speeding?

Customer: replied 10 months ago.
OK. Here goes:On 5/3/16 in East Grinstead charged with driving 36 MPH in a 30 MPH zone. But then on the same day, at Shoreham by Sea (a place I've never been to in my life) "having been required by or on behalf of the Chief Ifficer of Police for Sussex, failed to give information relating to the identification of the driver of a vehicle (my car), who was alleged to have been guilty of the offense.
Customer: replied 10 months ago.
two charges. One for speeding and the other for not answering up as to who was driving.
Expert:  Thomas Judge replied 10 months ago.

Ok. That makes sense.

Expert:  Thomas Judge replied 10 months ago.

And have they made an offer?

Customer: replied 10 months ago.
No offer.
Expert:  Thomas Judge replied 10 months ago.

Ok then you need to provide within 28 days the information as to who was the driver. You were only just speeding from the details of the charge so it would normally (including the NIP) be 3-6 points.

Customer: replied 10 months ago.
OK and what kind of fine should I expect and how to minimize that?
Customer: replied 10 months ago.
The other thing is that when I was away, I received a call from a police man trying to track me down. (He had really researched me and found my business and asked if it was the same address and if I'd receive the summons when it was posted.) This was about some speeding I'd done almost a year ago and I'd been going quite a bit faster. (It was at night and the road was empty.) He said it was too late to plead to anything and I'd have to go to court and that was what I was expecting but then I received this one that I had no idea about (the one I mentioned to you. So, I'm not sure what will happen if I admit to this, will they then hit me with the other? Then, there is a speeding ticket I recall ignoring when I was in a hired car and they told the police who had driven the car.
Customer: replied 10 months ago.
Is there some way of dealing with the whole thing at one time? I know I've been negligent but I want to handle the whole thing now. I'm also due to go back to the US for 3 months and so want to deal with this mess without losing my license (which is French, not English by the way).
Expert:  Thomas Judge replied 10 months ago.

That is really why I would suggest that you attend the hearing rather than by post, as in a case such as yours it may be worthwhile to attend in person.

Expert:  Thomas Judge replied 10 months ago.

The police only have 6 months to lay a charge so some of the other speeding offence may be out of time.

Customer: replied 10 months ago.
That's what is so odd. The officer was talking about something that had happened about 10 months earlier. In his call he said it was in October.
Expert:  Thomas Judge replied 10 months ago.

It would be out of time really. the other option would be to instruct a solicitor and for him to speak to the police for you. This can work sometimes and certainly has for me in the past.

Customer: replied 10 months ago.
Also, isn't this offense outdated? Didn't they have until 3rd September to prosecute?
Expert:  Thomas Judge replied 10 months ago.

yes

Expert:  Jo C. replied 10 months ago.

Hi.

Have you received a summons to court?

What is the date upon that please?

Expert:  Thomas Judge replied 10 months ago.

i see

Customer: replied 10 months ago.
On the letter itself, it says that if I do not reply, or attend, the court may find me guilty in my absence and can sentence me. Is that possible?
Customer: replied 10 months ago.
Other question: Going to court: How much time and expense would that be?
Customer: replied 10 months ago.
With a lawyer?
Expert:  Thomas Judge replied 10 months ago.

Thats correct. You can not simply ignore these things. They can sentence you for the NIP. These hearings do not take long and usually at court just a couple of hours (can be quicker)

Expert:  Jo C. replied 10 months ago.

Hi

Can you tell me the date of the summons?

I'm afraid the answer you have received is almost certainly incorrect.

Expert:  Jo C. replied 10 months ago.

There is another alternative for you as well but I need to know the dates.

Customer: replied 10 months ago.
Looks like there are two lawyers here. I'm confused. Can someone explain?Anyway, to answer the question: The summons is for 25th October 2016. (I don't intend to be in the country at that time.)
Expert:  Jo C. replied 10 months ago.

No, sorry. I meant

1 The date of the allegation of speeding?

2 The date of the S172 request

3 The date upon your summons sheet?

It will make a difference.

Customer: replied 10 months ago.
There are a lot of dates here.
The date of intended prosecution and request for driver information is 14 March 2016.
The alleged speeding occurred on 05/03/2016.
There is a witness of statement and contravention of speed limit from a camera technician signed 8/9/16
The MG04E - Postal Requisition V.08 is not dated and is also called Postal Charge and Requisition (that tells me when to appear at court and the two offenses.)
There is also a Notice to defendant: proof by written statement (basically telling me to appear in court or save time and answer the plea, that also doesn't have a date.
Sorry, it has taken so long to reply but I've been looking through the papers and there doesn't appear to be an S172 request and no date on anything that is summoning me.
I have gone through everything that I received in the post today and this is all they sent me.
Customer: replied 10 months ago.
Is somewhere here?
Customer: replied 10 months ago.
It's been half an hour. What's happening?
Customer: replied 10 months ago.
Can you please email your response? I'm going to bed.
Expert:  Jo C. replied 10 months ago.

I need the information I asked for?

What was the date of the S172 request?