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No NIP ever received
Posted by
Den2024
on 27 Dec, 2024 13:19
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I would greatly appreciate some advice on a situation I’ve recently found myself in.
I’ve just received a letter from Bradford Magistrates’ Court stating that I’ve been ordered to pay a £1,014 fine and will have six penalty points added to my driving licence. This is due to failing to provide driver information when required.
Until receiving this court letter, I was completely unaware that my vehicle was involved in a minor speeding offence. Apparently, my car was caught by a speed camera going 35 mph in a 30 mph zone back in May 2024.
I never received a Notice of Intended Prosecution (NIP) or any other correspondence about this matter until the court letter. According to West Yorkshire Police, they sent two letters: one in May 2024 and a follow-up in July 2024. However, I genuinely didn’t receive anything. I’ve confirmed with the DVLA that both my driving licence and vehicle logbook have the correct address recorded.
This has come as a huge shock. Up until now, my driving licence has been completely clean. I’m worried about how this will be viewed by my employer, as it could potentially affect my job. I feel utterly lost about how to challenge this and refuse to just accept it without a fight.
Any guidance or advice on how to proceed would be greatly appreciated. Thank you.
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#1 Reply
Posted by
Gilan02
on 27 Dec, 2024 16:48
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Looks like the regulars are not about so you will have to make do with me for now.
First step is to make an appointment to perform a statutory declaration to get the conviction canceled.
Search this site for details on that.
Others more knowledgeable than me will be along soon.
There is a sticky on statutory declarations.
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#2 Reply
Posted by
RichardW
on 27 Dec, 2024 21:09
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You appear to have missed NIP, reminder, and court summons (SJP notice?). Have you moved or updated your V5 address since the offence? Have you seen the original summons - were you dual charged with FtF and speeding? Is it likely you were driving?
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#3 Reply
Posted by
sparxy
on 27 Dec, 2024 22:17
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I’ve confirmed with the DVLA that both my driving licence and vehicle logbook have the correct address recorded.
What counts is what was on your V5C at the time of the offence. You MUST check your V5C has the correct address (and postcode), and that the DOCREF date at the bottom is prior to the offence.
You may be able to check this online with the "Date last V5C issued", but you won't be able to verify your address is correct this way.
Do you have a history of postal issues?
Whilst the regulars aren't here: You will need to make a statutory declaration within 21 days of becoming aware of the proceedings which will reset the process back to the beginning of the court process. Let others come and give you advice before doing anything off your own back.
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#4 Reply
Posted by
Den2024
on 28 Dec, 2024 21:02
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Thank you for your replies; I really do appreciate your help.
Upon receiving the letter from the courts, I immediately checked the car's logbook and my driving licence, both of which are correct. I also spoke to the DVLA, who confirmed that the address they hold is accurate and has not been altered for several years.
I've never had any issues with post before. I live on a quiet street where most of my neighbours are helpful, and I’m confident that if the letter had gone to a different address, it would have been brought around or returned to sender. What I can’t understand is that this would have had to happen twice, as I’ve received no correspondence whatsoever.
Additionally, I live in a mid-terraced house on my own, so I do not have shared mailboxes, and there is no one else who could have taken the post in error. I’ve always been meticulous about my car paperwork and would never overlook something as important as a Notice of Intended Prosecution (NIP), as I am fully aware of the consequences of doing so. In fact, I received a NIP from the same police force a few years ago and responded promptly at that time.
I’ve since managed to speak with the courts, who have emailed me what appears to be an appeals form. They also included the Single Justice Procedure (SJP) notice that West Yorkshire Police allegedly sent me, which is dated 04/12/24. However, they did not include the original NIP, which they claim was sent in May 2024.
Questions:
1. Do I need to contact West Yorkshire Police, or would this complicate my case? I still have not received any evidence showing my car speeding. While chances are it was me driving, should I be pleading guilty when I haven’t been formally charged?
2. Is it better to have a Statutory Declaration drafted by a solicitor to strengthen my case, or would it make little to no difference?
Many thanks.
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#5 Reply
Posted by
Southpaw82
on 28 Dec, 2024 21:26
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1. No.
2. No. The only “drafting” is filling in the blanks on the form.
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#6 Reply
Posted by
NewJudge
on 28 Dec, 2024 22:51
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The form is probably that required for making your Statutory Declaration.
Two questions you need to answer so that we can help you further (as asked in reply #2):
1. What charge(s) are listed on the SJPN?
2. Were you the driver at the time of the alleged speeding offence?
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#7 Reply
Posted by
Den2024
on 29 Dec, 2024 09:54
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Thank you again for all the help
1, I've attached the letter that I received from Bradford Magistrates which shows the charges.
2, I've not had any paperwork related to the original speeding charge of 35 in a 30, but I'm pretty sure it will of been myself driving as no one else has access to my car.
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Didn't need to see a scan of the SJPN - just needed to know whether you had been charged with both offences or just the speeding. And whether you were the driver (or at least most likely the driver).
For the sake of completeness, from the offence dates, a NIP would (or should) have been sent to your last known address on 03/06/2024, which would have been deemed served on 05/06/2024, and the offence of failing to provide the information would have been committed at the expiration of 28 days beginning with that date - so 01/07/2024.
If the police can prove that the notice was properly posted to your last known address (by first class post), it will be deemed to have been served 2 working days later, unless you can prove the contrary (on the balance of probabilities).
Logically, the following are the possibilities -
The notices were delivered to your current address and you are claiming not not have received them,
The notices were sent to your current address, but lost in the post,
Your current address is not your last known address (as in the address held by the DVLA for the keeper), or
The notices were sent to some other address for no good reason.
For the NIP, reminder and SJPN to get lost in the post with no (other) known postal issues seems somewhat of a stretch.
If the NIP had your correct address on it (or your last known address if different), I don't fancy your chances of persuading a bench that the NIP, reminder and SJPN all got lost in the post with no evidence of other postal issues.
If the NIP was sent to the wrong address, there is basically no case to answer.
The above mostly concerns the s. 172 charge. The speeding charge, in and of itself, has no legs. However, if it is not viable to defend the s. 172 charge, you should be able to "do a deal" to drop the s. 172 charge in return for pleading guilty to the speeding.
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#9 Reply
Posted by
Den2024
on 29 Dec, 2024 14:09
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Thank you, Andy, for your detailed response.
The reason I included the screenshot was due to the confusion where it states that "offense 2 has been withdrawn." I thought it would be best to share the letter for context.
As I mentioned, all my paperwork is up to date. I have lived at my current address for 16 years, and the courts clearly have the correct address as I’ve received correspondence from them by post. However, I’m struggling to understand why two letters from West Yorkshire Police never reached me.
I understand you may feel this sounds like a stretch, but I genuinely haven’t received or misplaced any correspondence. Responding to the NIP would have been in my best interest as my license was clean. I understand I could have been offered a speed awareness course or the option of 3 points and a £100 fine. Ignoring a notice from the police would be reckless, and I would have no reason to do so. I work for the emergency services and am currently undergoing response driver training, where penalty points on my license could jeopardize my progress.
You mentioned the speeding charge has no legs—does this relate to the time elapsed since the alleged offence? If so, does this mean I can no longer be charged with this offence, or could I ask the court to reopen it, thus avoiding the section 172 charge?
I’m also a bit unclear on how to proceed with the Statutory Declaration. Could you confirm if I should plead not guilty to both the original speeding offence and the section 172 charge?
Thank you again for your help.
!
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#10 Reply
Posted by
FuzzyDuck
on 29 Dec, 2024 14:57
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It has no legs because they have no evidence of who was driving at the time.
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#11 Reply
Posted by
NewJudge
on 29 Dec, 2024 16:32
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You mentioned the speeding charge has no legs—does this relate to the time elapsed since the alleged offence? If so, does this mean I can no longer be charged with this offence,…
You’ve already been charged with it. Unless you plead guilty to it, it cannot succeed as the police have no evidence that you were driving. I’ll explain a little more.
Firstly, you will need to perform a “statutory declaration” (SD). Although you can make an SD before a solicitor, in your circumstances it will be more straightforward to do so in court so you need to contact the court to make an appointment.
You will almost certainly be asked to attend to make your SD and the court's legal advisor will guide you through the process.
You should make your SD within 21 days of learning of your conviction. A court must accept it if it is made in that time. They may accept it later at their discretion. If the reason for a late declaration is solely because you could not secure an appointment there will be no problem.
The SD has the effect of making the proceedings under which you were convicted a nullity. This means it is as if they never happened. Any penalties (fine, costs, endorsement and points) will be revoked.
When that has been completed the two charges will be put to you again You should plead Not Guilty to both charges but make the court aware that you will plead guilty to the speeding charge if, and only if, the “Fail to Provide Driver’s Details” (FtP) charge is dropped. This is a common procedure known to all court users. The effect of his offer is to obviate the need for you to defend the FtP charge. You may succeed with a defence, but you may not and a conviction for that offence is best avoided if at all possible.
You should also ask the court that, since your speed was within the range where normally a fixed penalty would have been offered, would they kindly consider imposing a sentence equivalent to that (£100 and 3 points) rather than sentencing you in accordance with the normal guidelines. Magistrates have guidance that suggests they might consider that in your circumstances.
Although some courts are conducting this process remotely, most will ask you to attend. If you do, it would be helpful to you if you could see the prosecutor for your case before you are called into court. He or she will be well aware of the offer you are going to make and it will smooth the process a little if they know what you are going to do. When you arrive at court you will be asked to check in at reception and you can ask then if the prosecutor is available.
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#12 Reply
Posted by
Den2024
on 29 Dec, 2024 18:42
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Thank you so much for your detailed and comprehensive response. I truly appreciate the time and effort you’ve taken to guide me through this process.
1. Just to confirm, I should not contact West Yorkshire Police to request details of the original NIP or to formally lodge a complaint.
2. After speaking to the court, they directed me to this web form:
Options After Magistrates’ Court Decision
I assume it’s acceptable to complete the form electronically. I intend to plead not guilty to both offences, but I’m slightly unclear about the section where it asks whether I want my case reopened or if I want to make a legal statement. Could you clarify this for me?
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#13 Reply
Posted by
NewJudge
on 29 Dec, 2024 19:34
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You want to make a stat dec under s. 14 - which requires the court to set aside the conviction, not request the court exercise it's discretion in the interests of justice under s. 142 to re-open the case if it considers it appropriate to do so.
What they call a "legal statement" is a stat dec.
I note that you are asking us to confirm the advice not to contact the police to ask for a copy of the NIP. Who gave you that advice - I need to be having words with them.
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Agree x 1
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