Notice of intended prosecution - No Response GMP

[Leicalens]

Afternoon

 

I received a notice of intention to prosecute.

My vehicle was photographed 39mph in a 30mph zone.

 

I have completed the paperwork and mailed back to Greater Manchester police.

 

Since then I have not heard anything, I have so far sent 2 emails yet we have had no response.

We are now concerned about how long we are waiting and whether something has gone wrong.

 

My wife is not contesting we just want a resolution.

Does anyone know how long we need to wait until they respond.

 

Can anyone put our minds at ease please.

 

Best wishes

 

Rod and Tre Burch

[Gick]

It would help if you gave us the date on the document and date you returned it. Some Forces do take longer than others. I do not have personal knowledge of GMP.

[Man in the middle]

Indeed. Have you been waiting two days or six months (or perhaps somewhere in between)? Spoil us - give us a clue!  

Edited July 20, 2019 by Man in the middle

[jotty]

The NIP is a statutory one that has to be served within 14 days warning of prosecution. It isn’t a 100% guarantee that there will be but a summons usually follows with 3 weeks as they will have to send paperwork to court to issue.

 

If it first time she will be offered a course instead of prosecution. Please just be sure who was driving as they may have a photo and if you try and deceive then that is a far more serious offence.

[Man in the middle]

Quote

...but a summons usually follows with 3 weeks 

 

A summons is not the usual way of calling a motoring matter to court these days. They are nearly always started by a "Single Justice Procedure Notice" (SJPN) or, occasionally, by a Postal Requisition. They have six months to issue this to the court and in most areas take all of that time. 

 

More than that, the OP needs to be advised what to expect and when to expect it because if his "paperwork" has gone astray he may find himself facing a more serious charge. It would be nice if he would come back and help us help him because it's not clear what he has received so far, what he has done with it, how his wife is involved or the timeline for any of that. Until then it's pure speculation.

 

[Leicalens]

Good Evening

 

Thank you so much for your replies, it has given us both an idea of how long this process takes. I apologise that I only look at a screen for a limited amount of time during a day hence the reason I was unaware of replies, sort of assumed it may be a Monday - Friday for response times. Regardless of the glib response you have helped put our minds at ease. 

 

Thanks a million and best wishes

 

Rod

[honeybee13]

Hi.

 

I've removed most of your name/s to keep this more anonymous for you.

 

HB

[Man in the middle]

All you have is an idea of how long the process takes from end to end. I'm making the assumption that you have named your wife as the driver in response to the request for driver's details. She would then get her own Notice and request to confirm she was driving. She must return that before she gets an offer of a course (if she is eligible). If either of your responses is lost in the post or not actioned the next thing you will receive is a notice of court action for "failing to provide driver's details". This is a more serious offence which means a court appearance, and on conviction will result in six points, a hefty fine and an endorsement code which will see your insurance premium soar.

 

That is why, if you want to be sure you are on track, it would be best if you told us the dates of any documents you received, what they were, what you did with them and when you did it.

Edited July 21, 2019 by Man in the middle

[Gick]

Unfortunately you still have not answered some relevant questions. 1} What date was on the NIP? 2) What date did you respond?

The reason for asking is that in addition to the time of 6 months for laying information, there are requirements for naming the driver within the time stated on the NIP/Driver identification request. If these are not met severe penalties can result.

 

NB whilst composing a reply, Man in the middle has posted, covering the same aspects (in a very well structured way I would add) so will leave it as an 'also' post.

[Manxman in exile]

As others have posted, without any details or a timeline (which you have not provided) it's very difficult to advise.

 

They have up to six months from the date of the offence to start court proceedings, and you may not receive notification of this until a week or so later (so you may not know 'til about seven months after the offence).

 

As others have said, failure to identify the driver is a more serious offence than the speeding.  If I were you, I might be worried whether my response naming the driver had gone astray in the post and not been received.  Have you got proof of posting?  I might want to contact them to confirm it's been received - but without any dates it's difficult to know.

 

(On the one hand, you don't want to leave it assuming they've received if they haven't, and then find you're prosecuted for failing to identify the driver.  On the other hand, you don't want to jog their memory if they've received it but overlook it until the six months runs out - but this is extremely unlikely.)

[Leicalens]

Dear consumer forum group

 

I have looked at your responses and thank you for them. I have copied and pasted my emails to the GMP enquiry system, it shows more of the time line that you have been asking for and possibly divulges more information on my health issues that I work hard to keep private and contain. I am still very concerned that I have received no response, your group has offered some reassurances however the longer I need to wait the harder and more anxious I become. I hope you can still help and will gratefully accept any advice, I neglected to copy the paperwork before I mailed it back to gmp too..

 

Best wishes

 

Rod

 

 

 

From: 
Sent: 24 July 2019 21:42
To: [email protected] <[email protected]>
Subject: FW: Pending prosecution

 

Dear sir or madam

 

We do not believe that there is anyone working at your end to advise us or even show us any courtesy of a response to our concerns. We are now doubting the legitimacy of the enquiry system within your constabulary. We are asking for advice from a third party. They have informed us that we need to state to you the timeline of our efforts to resolve this intended prosecution.

 

The offence took place on Sunday 30th June 2019, before 9 a.m. We were attending the Bury agricultural show and had to submit entries into the craft fair before 9 a.m. My wife was driving my vehicle because she gets car sick sat in the rear of the vehicle and my daughter was in the car seat in the front passenger whilst our friends and their daughter sat behind the front 2 seats. I sat in the rear of the vehicle. 

 

We received your notice of intention to prosecute within a few days of the show. I looked on line to see your details were correct and discussed the problem with my wife later on that day when she came home from work. The following day, Saturday 6th July 2019, after we had run a stall at  ********** school and and route home I put your required paperwork in the mailbox.

 

We have not had any response from gmp. I have issues with anxiety and depression, this is really not helping my state of mind. Please, please give me some response or instruct me what to do so that we can move on from this.

 

Yours faithfully

 

 

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From: 
Sent: 16 July 2019 21:08
To: [email protected]
Subject: FW: Pending prosecution

 

 

 

 

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From: 
Sent: 16 July 2019 21:07
To: [email protected]
Subject: FW: Pending prosecution

 

 

Good Evening

 

I am still waiting on a response regarding the email below. Both myself and my wife are now becoming worried that this matter is going to escalate due to little or no contact from you.

 

Please respond to this email or send out additional paperwork so that we can resolve this.

 

Yours faithfully

 

---

From: 
Sent: 11 July 2019 18:25
To: [email protected]; Rod
Subject: Pending prosecution

 

Good Evening

 

My vehicle has been photographed doing excessive speed. I have received your notification and have sent back all the details you required, I have also submitted my email address. I have been waiting for a response from you and I am beginning to be concerned that I have not had any further contact from you.

 

Is there a case handler that I can contact directly, I do not want to have to worry that I am going to incur any further penalty.

 

Please can you respond to this email.

 

My vehicle registration is : 

My home address is: 

 

Yours faithfully

 

 

[Manxman in exile]

So you responded to the s172 request for details (naming your wife) in respect of an alleged speeding offence committed only three weeks ago.  As explained above, GMP have to start proceedings against you within 6 months of the speeding offence.  Can I suggest you may be being a bit impatient (you seem to have sent your first enquiry email just 12 days after the offence) and you are being a bit unreasonable in expecting a response so quickly and in sending them three follow up emails.

 

You (or rather your wife) may be lucky and get offered a speed awareness course or may get a Conditional Offer of a Fixed Penalty.  Unfortunately, nobody here can advise you on that because you have not provided any details to us (eg alleged speed, speed limit, number of points on wife's licence, has she done a speed awareness course in the last three years?).  Nobody here has asked you to provide details and a timeline to GMP; it was a request to give posters here the details and timeline in order to give you relevant advice.  GMP will not be interested in the information in your latest email.

 

The good news is that if they offer a speed awareness course or a conditional fixed penalty, they may do so quite quickly.  But if these offers are not accepted by your wife, they still have up to 6 months from the date of the offence to prosecute her for speeding.  The other good news is that you do actually have an email trail which tends to support the fact that you will have returned the s172 request on time.  (You will recall from my earlier post that it may have gone astray.  If they haven't received it, your emails should prompt them to follow it up).

 

I understand you may suffer from anxiety and this is all very uncertain, but GMP are extremely unlikely to move any quicker than usual because you keep contacting them - indeed, it may annoy them.

 

If I were you I'd wait to see what arrives.  It might be a couple of weeks with good news or it might be a notice of prosecution that you receive in about six months.  It's outside of your control - don't fret on it.

 

(You didn't answer my question if you had proof of posting when you returned the s172 request.  If you don't have proof, the only reason for you to contact GMP is to ask them to confirm they received it)

[Manxman in exile]

I've just realised the next step will be for GMP to send a separate s172 request to your wife asking her to confirm she was the driver.  She must respond to this within the necessary timescale - it is irrelevant you have already named her.  If she does not reply to that request, she is committing a more serious offence than the speeding.  I would suggest that she responds promptly as any delay will eat into the time available to offer her a speed awareness or conditional offer if she is eligible.  If that opportunity is lost because of delay in replying, she'll likely be prosecuted for the speeding.

[Manxman in exile]

Oh, one other thing.

 

Once your wife has returned her own  NIP/s172,  if she is offered a fixed penalty, she must comply with all the conditions.  One of these will be to send in her driving licence.  She must do this and should get a free certificate of posting from a post office.

 

Many people fail to send in their licence (they just pay the penalty and think that's it) and then still get prosecuted for the speeding offence.  (When that happens, the penalty is refunded to them).