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CPS drops speeding charge but failure to provide info stands....


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Hi all,

Need a bit of advice on this one,

I'll try and be as brief as possible.

 

Received an NIP July last year saying my car had been flashed speeding 40mph in a 30mph.

It wasn't me driving at the time, so I filled in the required details and sent it off....

.

Didn't hear anything for months (not even a reminder) until

I received a court summons for the charge of failure to provide info.

Needless to say I was shocked and upset.....

I didnt have any proof of postage so it was their word against mine.

Went to magistrates court for the hearing which

I was further shocked to find out theyd added the speeding charge to the charge list (which didn't make sense to me).

I plead not guilty to both and received a new trial date for end of January.

Just received a notice of discontinuance regarding the speeding charge saying there is not enough evidence to provide a realistic prospect of conviction.

However I'm still having to go to court over the failure to provide information....... Is this right?

How can I defend or be prosecuted for failing to provide information regarding a speeding offence they are no longer pursuing?

Its all very confusing and a complete farce really (plus waste of taxpayers money)

Also if the speeding charge is dropped what does this mean for points and fines?

 

Many thanks for your time.

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They've dropped the speeding charge because they have insufficient evidence that it was you driving,

given that you havn't admitted driving, and in fact presumably you've denied it.

 

However someone was still speeding in your car and you've (allegedly) failed to name them.

That's an offence in its own right, which you're being prosecuted for.

 

Were you to be convicted of it the penalty would be a mandatory 6 points and a fine of around one and a half times your weekly post tax income (maximum £1000),

plus prosecution costs.

 

Presumably the prosecution claim that your reply was never received*

so defending it is going to boil down to testifying that you posted it,

sounding as honest as you can and hoping the magistrates believe you.

 

*Unless they're claiming that it was received but that they don't believe the person you named was actually driving?

But in that case you'd usually have been interviewed or at least had further correspondance prior to being charged.)

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cheers for the reply, yes hence my confusion with them addin speeding to the sheet in the first place.

like you say all ive got as a defence is that i posted it.......... oh no you didnt panto comin up.....

this must happen alot, ridiculous really

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All I can suggest us freedom if information request them for the info on how much post is 'lost' or misplaced. Both internally and externally (received) and then use that against them in ur defence

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  • 3 weeks later...

Just an update, after representing myself at court I was found not guilty....... ill still be getting another NIP through the post, better make sure i send this one recorded delivery lol

 

what a farce tho

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