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CPS "offer" after contesting speeding and failure to provide


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Dear All, I need some advice for my wife.

 

 

We have had a terrible postal problem; after reporting our postman for an incident over a year ago some of our mail seems to simply go missing - I wonder why?

 

 

My wife received last august a witness statement for a court date for speeding and failure to provide - we had received no NIP, no reminder and no summons. We contacted the ticket office and explained about our post, and they agreed to fine her and give her 3 points for the speeding, but drop the offence under 172.

 

 

Later on in 2016 a neighbour brought round a summons for, wait for it, failure to provide and speeding. We initially thought that this was for the ticket earlier on in the year but realised it was a separate incident at exactly the same GATSO!

 

 

This time, we hadn't received the NIP or reminder, and the Summons clearly addressed to us at No 14 was delivered to no.29 round the corner, and the lady asked around and found out we lived at 14 and brought it round.

 

 

Guilty of the speeding or not, my wife couldn't keep accepting points and a fine like this, so we decided to plead not guilty and to explain to the magistrates.

 

 

We have had a letter drafted and signed by our neighbours confirming the above, and have had Royal Mail conduct an investigation into our mail not being delivered.

 

 

The investigation is ongoing, but they have found no wrong doing at this moment in time. However, what they have said is that the Courts use proof of posting only, whereby bulk mail is signed for by the postal service as collected and therefore "posted".

 

 

But they have also stated proof of posting IS NOT PROOF OF DELIVERY to the recipient, and that the recipient has NO CONTRACT with Royal Mail, their customer is the Court in this case and it really should be them that complains if their mail that they have PAID FOR is not delivered. They have looked at our complaint only on the basis that several items of our mail have gone missing over time and that there may be an issue.

 

 

So we were going to go to Court and to state that the NIP etc was not delivered within the 14 days allowed, arguing that the post is the Court's responsibility, therefore both charges should be struck out.

 

 

I know that there be many cases whereby someone simply states they didn't receive the NIP, and that the Court "get around this" with their proof of posting as is taken as papers are deemed served, end of. But surely if there is a genuine doubt if the NIP has not been delivered then this should be listened to?

 

 

Whats thrown me today is that the CPS have written to us (again similar to last time) offering that the charge under 172 be dropped if we change the speeding offence to that of guilty and accept points and a fine?

 

 

Really don't know what to tell my wife to do? Suggestions would be appreciated.

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What are you hoping for? That they withdraw both the s172 and the speeding?

On procedural grounds??

You might claim that is 'fair', since the postal problems aren't your fault, but then again: the court has complied with its procedural requirement.

 

If your wife wasn't speeding, fair enough, but in the end: did she commit the offence?.

 

What if my postie was my best friend, and knew what the speeding NIPs looked like?. What if they kept ditching them, so I never received them : should I become immune from speeding (and s172) prosecution?

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Hi there BazzaS - Yes on procedural grounds, and my wife wasn't aware that she was speeding, but couldn't say she wasn't - she said the first time she saw the camera flash, but didn't see it the second time - yes she may be guilty, but she cant keep getting into even MORE trouble just because of the post?

 

 

If you #r postie was your best friend and he kept ditching your mail he would be breaking the law anyway, but I do see your point.

 

 

I need someone like yourself not to advise me, but to give me information so that I can make an informed decision. And If they just say "well we have complied with procedure" and get away with it there's not much point in contesting it I guess.

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The courts normally accept the proof of postage as proof of delivery despite what is stated in law. So unless you can prove that your post is not being delivered you will struggle to change there minds and with the royal mail saying there is no problem you will struggle.

 

However BazzaS point still stands, you don't tend to get NIP for speeding unless you have been speeding, so your wife will have to "keep accepting points" if she carries on driving as she has.

It is easier to enter a rich man than for a camel to pass a needle

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The legislation says that when a S172 (request for driver’s details) is sent it must be sent by Registered, Recorded or First Class post. Almost all such requests are sent by 1st Class post. The legislation also says that the notice is deemed to have been properly served two working days after posting (hence why the police rely on proof of posting) unless the intended recipient can successfully prove to the court (on the balance of probabilities) that it was not.

 

This leaves recipients in a difficult position. It is not easy to prove that something did not happen. However, that is what the law requires. It is not unusual in cases where non-receipt is claimed for defendants to offer a deal to the prosecution where they agree to plead guilty to the underlying offence (usually speeding) in return for the S172 charge to be dropped. It is usually only possible to do this at court on the day. It seems in your area the police are offering to do this deal before matters get to court.

 

It is most unlikely that the matter will be dropped due to procedural errors (as seemingly none has been committed). Unless your wife is not guilty of the speeding offence she should do well to accept the deal. As I said it is difficult to prove a negative and the penalty for failure is six points, a hefty fine and insurance grief for five years.

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