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#Post#: 17048--------------------------------------------------
NIP's sent to old address
DIR By: User1234
Date: March 9, 2024, 2:26 pm
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A friend of mine recently moved house but didn't update their
license/their V5C straight away. Yesterday they received a
single justice procedure letter about two speeding tickets and 2
failure to notify of who was driving.
No letters have been received at the new house and the timeframe
for when the speeding tickets were is before they updated their
address everywhere, so will have gone to their old address.
What is the best course of action?
#Post#: 17059--------------------------------------------------
Re: NIP's sent to old address
DIR By: guest46
Date: March 10, 2024, 3:14 am
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You haven't given us the timings?
Was s/he unlucky in that the change of address was a couple of
weeks late and got the S172 notices in that period or completely
forget and only updated it after these latest developments?
Either way, s/he should plead NG, attend court and explain the
circumstances and ask that the original penalty be applied -
assuming it would have been £100 & 3 points.
#Post#: 17060--------------------------------------------------
Re: NIP's sent to old address
DIR By: User1234
Date: March 10, 2024, 3:45 am
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It was a month after for one of the speeding offenses and 2
months for the other. She changed the V5C and driving license
about a week after the second one. We only know this because of
the dates on the letter we have now been sent and have checked
that against the date on the new V5C.
Appreciate the advice.
#Post#: 17064--------------------------------------------------
Re: NIP's sent to old address
DIR By: guest46
Date: March 10, 2024, 5:58 am
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Good luck. She may get costs & 'victim surcharge' applied so
it'll be an expensive day out (or two if heard separately!).
It's assumed these aren't close to timing out or in Scotland?
#Post#: 17066--------------------------------------------------
Re: NIP's sent to old address
DIR By: User1234
Date: March 10, 2024, 6:10 am
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Thank you for the luck on her behalf!
It isn't in Scotland I think she still has about 20 days to
respond.
Is it common for people to have this issue when they haven't
changed the address on their V5C do you know? Curious if it is
and if it is what the common outcome is.
#Post#: 17069--------------------------------------------------
Re: NIP's sent to old address
DIR By: guest46
Date: March 10, 2024, 6:14 am
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--- Quote from: User1234 link ---
>
> Thank you for the luck on her behalf!
>
> It isn't in Scotland I think she still has about 20 days to
respond.
>
> I suspect lots of folk forget or assume changing the licence
changes everything else but of course only a few a daft/lucky
enough to get a speeding ticket during that period. ot updating
the V5 is a separate offence, but I'm pretty sure no-one has
ever been prosecuted for it. Without knowing the driver, the
authorities can't pursue the driver for speeding, hence the S172
offence which is deliberately more punitive at c£400 and 6
points for each time the driver isn't named - folk seldom opt
for that of course!
>
> They can't pursue both offences of course.
>
> Is it common for people to have this issue when they haven't
changed the address on their V5C do you know? Curious if it is
and if it is what the common outcome is.
>
>
>
--- End Quote ---
#Post#: 17070--------------------------------------------------
Re: NIP's sent to old address
DIR By: User1234
Date: March 10, 2024, 6:23 am
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Obviously she will be pleading guilty to the speeding fines, but
what do you think the best course of action is for the two S172
bits? Guilty to both and then in the "mitigating factors" but
try and explain what happened or go not guilty and try and
explain in court?
#Post#: 17071--------------------------------------------------
Re: NIP's sent to old address
DIR By: guest46
Date: March 10, 2024, 6:27 am
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On no account plead guilty - 12 points nailed on and licence
lost!
She turns up on the day, seeks out the clerk and offers to plead
G to the underlying speeding offences IF the Crown drops the
FTF. This has been tried successfully many times and whilst
never 100% guaranteed is highly probable.
#Post#: 17072--------------------------------------------------
Re: NIP's sent to old address
DIR By: User1234
Date: March 10, 2024, 6:35 am
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So there is no punishment for not putting in a guilty or not
guilty before the day itself? You can just show up on the day
and submit it?
#Post#: 17074--------------------------------------------------
Re: NIP's sent to old address
DIR By: 666
Date: March 10, 2024, 7:07 am
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Your friend should respond pleading NG to all offences.
In the 'mitigation' section, she can indicate that she will be
willing to plead G to the speeding if the FTF charges are
dropped. Since Covid, some courts have been receptive to that.
Failing that, as M60NJP has said, do the deal on the day, but
with the prosecutor, not the clerk! She should get there early
and ask an usher to point her towards the prosecutor dealing
with the motoring cases.
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