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DIR Return to: Speeding and other criminal offences
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#Post#: 51085--------------------------------------------------
No NIP ever received
DIR By: Den2024
Date: December 27, 2024, 7:19 am
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I would greatly appreciate some advice on a situation I’ve
recently found myself in.
I’ve just received a letter from Bradford Magistrates’ Court
stating that I’ve been ordered to pay a £1,014 fine and will
have six penalty points added to my driving licence. This is due
to failing to provide driver information when required.
Until receiving this court letter, I was completely unaware that
my vehicle was involved in a minor speeding offence. Apparently,
my car was caught by a speed camera going 35 mph in a 30 mph
zone back in May 2024.
I never received a Notice of Intended Prosecution (NIP) or any
other correspondence about this matter until the court letter.
According to West Yorkshire Police, they sent two letters: one
in May 2024 and a follow-up in July 2024. However, I genuinely
didn’t receive anything. I’ve confirmed with the DVLA that both
my driving licence and vehicle logbook have the correct address
recorded.
This has come as a huge shock. Up until now, my driving licence
has been completely clean. I’m worried about how this will be
viewed by my employer, as it could potentially affect my job. I
feel utterly lost about how to challenge this and refuse to just
accept it without a fight.
Any guidance or advice on how to proceed would be greatly
appreciated. Thank you.
#Post#: 51097--------------------------------------------------
Re: No NIP ever received
DIR By: Gilan02
Date: December 27, 2024, 10:48 am
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Looks like the regulars are not about so you will have to make
do with me for now.
First step is to make an appointment to perform a statutory
declaration to get the conviction canceled.
Search this site for details on that.
Others more knowledgeable than me will be along soon.
There is a sticky on statutory declarations.
#Post#: 51127--------------------------------------------------
Re: No NIP ever received
DIR By: RichardW
Date: December 27, 2024, 3:09 pm
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You appear to have missed NIP, reminder, and court summons (SJP
notice?). Have you moved or updated your V5 address since the
offence? Have you seen the original summons - were you dual
charged with FtF and speeding? Is it likely you were driving?
#Post#: 51135--------------------------------------------------
Re: No NIP ever received
DIR By: sparx
Date: December 27, 2024, 4:17 pm
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--- Quote ---
> I’ve confirmed with the DVLA that both my driving licence and
vehicle logbook have the correct address recorded.
--- End Quote ---
What counts is what was on your V5C at the time of the offence.
You MUST check your V5C has the correct address (and postcode),
and that the DOCREF date at the bottom is prior to the offence.
You may be able to check this online with the "Date last V5C
issued", but you won't be able to verify your address is correct
this way.
Do you have a history of postal issues?
Whilst the regulars aren't here: You will need to make a
statutory declaration within 21 days of becoming aware of the
proceedings which will reset the process back to the beginning
of the court process. Let others come and give you advice before
doing anything off your own back.
#Post#: 51227--------------------------------------------------
Re: No NIP ever received
DIR By: Den2024
Date: December 28, 2024, 3:02 pm
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Thank you for your replies; I really do appreciate your help.
Upon receiving the letter from the courts, I immediately checked
the car's logbook and my driving licence, both of which are
correct. I also spoke to the DVLA, who confirmed that the
address they hold is accurate and has not been altered for
several years.
I've never had any issues with post before. I live on a quiet
street where most of my neighbours are helpful, and I’m
confident that if the letter had gone to a different address, it
would have been brought around or returned to sender. What I
can’t understand is that this would have had to happen twice, as
I’ve received no correspondence whatsoever.
Additionally, I live in a mid-terraced house on my own, so I do
not have shared mailboxes, and there is no one else who could
have taken the post in error. I’ve always been meticulous about
my car paperwork and would never overlook something as important
as a Notice of Intended Prosecution (NIP), as I am fully aware
of the consequences of doing so. In fact, I received a NIP from
the same police force a few years ago and responded promptly at
that time.
I’ve since managed to speak with the courts, who have emailed me
what appears to be an appeals form. They also included the
Single Justice Procedure (SJP) notice that West Yorkshire Police
allegedly sent me, which is dated 04/12/24. However, they did
not include the original NIP, which they claim was sent in May
2024.
Questions:
1. Do I need to contact West Yorkshire Police, or would this
complicate my case? I still have not received any evidence
showing my car speeding. While chances are it was me driving,
should I be pleading guilty when I haven’t been formally
charged?
2. Is it better to have a Statutory Declaration drafted by a
solicitor to strengthen my case, or would it make little to no
difference?
Many thanks.
#Post#: 51230--------------------------------------------------
Re: No NIP ever received
DIR By: Southpaw82
Date: December 28, 2024, 3:26 pm
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1. No.
2. No. The only “drafting” is filling in the blanks on the form.
#Post#: 51234--------------------------------------------------
Re: No NIP ever received
DIR By: NewJudge
Date: December 28, 2024, 4:51 pm
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The form is probably that required for making your Statutory
Declaration.
Two questions you need to answer so that we can help you further
(as asked in reply #2):
1. What charge(s) are listed on the SJPN?
2. Were you the driver at the time of the alleged speeding
offence?
#Post#: 51241--------------------------------------------------
Re: No NIP ever received
DIR By: Den2024
Date: December 29, 2024, 3:54 am
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Thank you again for all the help
1, I've attached the letter that I received from Bradford
Magistrates which shows the charges.
2, I've not had any paperwork related to the original speeding
charge of 35 in a 30, but I'm pretty sure it will of been myself
driving as no one else has access to my car.
[attachment deleted by admin]
#Post#: 51244--------------------------------------------------
Re: No NIP ever received
DIR By: andy_foster
Date: December 29, 2024, 4:45 am
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Didn't need to see a scan of the SJPN - just needed to know
whether you had been charged with both offences or just the
speeding. And whether you were the driver (or at least most
likely the driver).
For the sake of completeness, from the offence dates, a NIP
would (or should) have been sent to your last known address on
03/06/2024, which would have been deemed served on 05/06/2024,
and the offence of failing to provide the information would have
been committed at the expiration of 28 days beginning with that
date - so 01/07/2024.
If the police can prove that the notice was properly posted to
your last known address (by first class post), it will be deemed
to have been served 2 working days later, unless you can prove
the contrary (on the balance of probabilities).
Logically, the following are the possibilities -
The notices were delivered to your current address and you are
claiming not not have received them,
The notices were sent to your current address, but lost in the
post,
Your current address is not your last known address (as in the
address held by the DVLA for the keeper), or
The notices were sent to some other address for no good reason.
For the NIP, reminder and SJPN to get lost in the post with no
(other) known postal issues seems somewhat of a stretch.
If the NIP had your correct address on it (or your last known
address if different), I don't fancy your chances of persuading
a bench that the NIP, reminder and SJPN all got lost in the post
with no evidence of other postal issues.
If the NIP was sent to the wrong address, there is basically no
case to answer.
The above mostly concerns the s. 172 charge. The speeding
charge, in and of itself, has no legs. However, if it is not
viable to defend the s. 172 charge, you should be able to "do a
deal" to drop the s. 172 charge in return for pleading guilty to
the speeding.
#Post#: 51263--------------------------------------------------
Re: No NIP ever received
DIR By: Den2024
Date: December 29, 2024, 8:09 am
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Thank you, Andy, for your detailed response.
The reason I included the screenshot was due to the confusion
where it states that "offense 2 has been withdrawn." I thought
it would be best to share the letter for context.
As I mentioned, all my paperwork is up to date. I have lived at
my current address for 16 years, and the courts clearly have the
correct address as I’ve received correspondence from them by
post. However, I’m struggling to understand why two letters from
West Yorkshire Police never reached me.
I understand you may feel this sounds like a stretch, but I
genuinely haven’t received or misplaced any correspondence.
Responding to the NIP would have been in my best interest as my
license was clean. I understand I could have been offered a
speed awareness course or the option of 3 points and a £100
fine. Ignoring a notice from the police would be reckless, and I
would have no reason to do so. I work for the emergency services
and am currently undergoing response driver training, where
penalty points on my license could jeopardize my progress.
You mentioned the speeding charge has no legs—does this relate
to the time elapsed since the alleged offence? If so, does this
mean I can no longer be charged with this offence, or could I
ask the court to reopen it, thus avoiding the section 172
charge?
I’m also a bit unclear on how to proceed with the Statutory
Declaration. Could you confirm if I should plead not guilty to
both the original speeding offence and the section 172 charge?
Thank you again for your help.
!
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