Free Traffic Legal Advice

Hi, ok. I’ve seen or recived zero evidence on what I have done. How would I go about obtaining this? Do I ring the police where the NIP was issued from? I’ve been told that if it was a reminder that it would say so on the NIP? How can I prove I didn’t get another one through the post? Surly the police would have to prove that they sent one?
Again sorry for all the questions but this is all completely new to me.

What exactly have you received? You say "a letter for a court summons". Is it actually a summons? Or a letter telling you something about a summons? Or a Single Justice Procedure Notice? We need to know, if you want meaningful advice.

As regards the NIP, no, it wouldn't necessarily be labelled as a reminder.

"How can I prove I didn’t get another one through the post?" It is very difficult to do so. If you go to court, the police will provide evidence that the NIP was posted  on date x, and the law presumes it was delivered two working days later, unless it can be proved otherwise. The onus will be on you to provide convincing evidence of non-delivery. Simply saying you didn't get it is not likely to be convincing.

To avoid any further confusion (and us having to ask more questions) could you post up here what you have received (suitably redacted).

As far as the NIP goes, you need to find out whether the one you had was the first one sent to you. If it was, you know that it does not meet the requirement (to serve one within 14 days) and you can move on to try to find out why it was so late (so as to establish whether the police had a good reason to fail to meet that requirement).

If there  was an earlier one, there is virtually no chance of you convincing a court that it failed to arrive in time. Seems tough but that’s the way it is. The police only have to show that one was posted. The burden then shifts to you to show it was not delivered, and it is notoriously difficult to prove that something didn’t happen.

The only evidence you have of that is your own testimony and courts are prone to be a little sceptical when defendants try to avoid a prosecution on that basis.

As I can recall it is not possible to issue "Single Justice Procedure Notice" for offence like dangerous driving….

You are right but for the wrong reason.

The principal criteria which make an offence triable under the “Single Justice” procedure are that it must be a summary offence and not punishable with imprisonment,

Dangerous driving fails on both counts. It is an “either way” offence (meaning it can be dealt with either in the Magistrates’  Court or the Crown Court) and it is punishable by up to two years imprisonment.

There is an exception to the requirement to serve a NIP where the RK's details could not have been ascertained with reasonable diligence in time to serve a NIP within the 14 days.

There is an argument where a complaint is made to the police too late to issue a compliant NIP that this exception would apply - I believe that the test of reasonable diligence is applied to the police, not to the person reporting it late - but that is immaterial to your case.

Assuming the the person reporting the incident provided the correct VRM, it is difficult to see why it would be necessary to wait for the footage before issuing a NIP.

In my experience, most current 'loopholes' are caused by the arrogance of the police - in this case it would seem to be a policy of "we can get away without serving a compliant NIP if the footage arrives too late" - which is not what the law says.

Running that defence in the face of a dangerous driving charge is a no brainer.