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Messages - marcus@ehdpartners.com

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When I received the SJP I originally pleaded Not Guilty online since I still understood the NIP to be time expired as I have a V5C with my name and address on it. It was after I pleaded Not Guilty that I received a separate letter from the police advising me that they had sent the NIP within 14 days to BMW. I then read online that DVLA having incorrect address is not a defense. So I changed my online plea to Guilty.

It was then I received a summons for Equivocal plea.

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It is not a motability car

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The V5 has got my address on it. No idea why the DVLA’s database is wrong but they have the address of BMW

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I received an NIP for 38 in a 30 when travelling back to London from a holiday in Devon on Easter bank holiday. Lord knows how I was flashed as it was nose to tail traffic the whole way, but there we go.

I am the registered keeper of my car and have the V5 document in my name, issued a year before the alleged offence. NIP was received well after 14 days so I wrote back saying I am the driver, however I reject the fixed penalty since it's time expired. The next letter I receive is a Single Justice Procedure, to which I plead (online) Not Guilty and write an explanation about why (14 day time expired, I am registered keeper etc.)

The next letter I receive is from the police stating that they sent the original NIP to BMW within the 14 days and therefore did I want to reconsider. I did some research which suggested to me that the DVLA having the wrong address on file is not a defence. As such I changed my online plea to Guilty.

The next letter is receive is a court summons asking me to attend court in bloomin' Bodmin of all places as it's an Equivocal plea. I presume the online pleading system did not erase my not guilty defence when I changed the plea to guilty.

Now do I really have to drive 5 hours to Bodmin to get told I have 3 points and a £400 fine? It's very inconvenient and my wife will be 37 weeks pregnant. I will go if there's a chance I might not receive the points? But it really does seem like a monumental waste of time. Can I just write to them and tell them really I just want to plead guilty and takes the points and fine? Or is it too far gone now?

Any advice appreciated.

NB. I currently have 3 points so no risk of a ban.

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