Fail to provide name and address
I was supposedly caught speeding by average speed cameras in x a year ago. I received a letter saying that I had not responded to a NIP within 14 days but I didn’t receive one to respond to! I wrote back and they sent a NIP sixty days later, I contend that the police failed to serve notices within 14 days so I wrote back asking for advice and telling them of these facts.
I wrote to the police and CPS but received only letters, nothing constructive. In the end, eight months after the alleged offence I received a summons for failing to supply the name and address of the user of the vehicle. I again wrote but to no avail.
The matter was adjourned a few times, I wrote and told the Magistrates that I could not attend at x court because of the 400 mile return journey and that I suffer from painful spinal arthritis.
I enclosed all the letters that I had written regarding the failure to supply an NIP for their information and stated that I would accept their decision, assuming that they would read the letters. It now appears that I have been convicted and fined over £600.00 with 6 penalty points.
I spoke to the legal advisor who had been in court that day, she told me that the prosecution were allowed to speak and present the case but the magistrates did not even read my letters. I thought that they would hear all the evidence including my letters but apparently, because I was not there, they ignored all my letters and only listened to the prosecution.
I was not aware of this or would have made efforts to attend. I wish to appeal the conviction and this time I will attend and make sure that my side is put.
What do you think my chances of success are? I have never been in trouble for even the slightest matter before and I am in my sixties with an unblemished record. All I was trying to do was prove that the police had failed to serve NIP’s.
I’m afraid their failure to get a NIP to you within the 14 days allowed, did not provide you with a defence to failing to provide information. It would have provided you with a defence to the speeding matter – but not the s.172 offence (which does not require the service of a nip).
When you received the form to name the driver (in the end) you should have named the driver (if you could) and then defended the speeding matter on the basis that the NIP was defective.
You cannot defend yourself by letter and the court was right in law to disregard your written communications. You can only give evidence by attending in person and giving evidence on oath.
Your letters are not evidence, they do not allow the prosecution the opportunity to cross examine you – which they are entitled to do.
You can appeal the conviction but I would suggest that you only do that if you have a defence.
If you are saying that you could not name the driver due to the passage of time before you were notified about the matter and there were other potential drivers then tell me more.
If your only argument is that you did not received the NIP within 14 days then this does not amount to a defence to the charge that you have been convicted of. Sorry I know thats not probably what you wanted to hear.
I defend over 95% of these allegations so if you have a defence your prospects are very good with my help.