3. NIP's sent to old address
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User1234

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NIP's sent to old address
« on: March 09, 2024, 08:26:09 pm »
A friend of mine recently moved house but didn't update their license/their V5C straight away. Yesterday they received a single justice procedure letter about two speeding tickets and 2 failure to notify of who was driving.

No letters have been received at the new house and the timeframe for when the speeding tickets were is before they updated their address everywhere, so will have gone to their old address.

What is the best course of action?
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guest46

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Re: NIP's sent to old address
« Reply #1 on: March 10, 2024, 08:14:28 am »
You haven't given us the timings?

Was s/he unlucky in that the change of address was a couple of weeks late and got the S172 notices in that period or completely forget and only updated it after these latest developments? Either way, s/he should plead NG, attend court and explain the circumstances and ask that the original penalty be applied - assuming it would have been £100 & 3 points.
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User1234

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Re: NIP's sent to old address
« Reply #2 on: March 10, 2024, 08:45:24 am »
It was a month after for one of the speeding offenses and 2 months for the other. She changed the V5C and driving license about a week after the second one. We only know this because of the dates on the letter we have now been sent and have checked that against the date on the new V5C.

Appreciate the advice.
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guest46

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Re: NIP's sent to old address
« Reply #3 on: March 10, 2024, 10:58:31 am »
Good luck. She may get costs & 'victim surcharge' applied so it'll be an expensive day out (or two if heard separately!). It's assumed these aren't close to timing out or in Scotland?
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User1234

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Re: NIP's sent to old address
« Reply #4 on: March 10, 2024, 11:10:29 am »
Thank you for the luck on her behalf!

It isn't in Scotland I think she still has about 20 days to respond.

Is it common for people to have this issue when they haven't changed the address on their V5C do you know? Curious if it is and if it is what the common outcome is.

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guest46

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Re: NIP's sent to old address
« Reply #5 on: March 10, 2024, 11:14:08 am »
Quote from: User1234 on March 10, 2024, 11:10:29 am
Thank you for the luck on her behalf!

It isn't in Scotland I think she still has about 20 days to respond.

I suspect lots of folk forget or assume changing the licence changes everything else but of course only a few a daft/lucky enough to get a speeding ticket during that period. ot updating the V5 is a separate offence, but I'm pretty sure no-one has ever been prosecuted for it. Without knowing the driver, the authorities can't pursue the driver for speeding, hence the S172 offence which is deliberately more punitive at c£400 and 6 points for each time the driver isn't named - folk seldom opt for that of course!

They can't pursue both offences of course.

Is it common for people to have this issue when they haven't changed the address on their V5C do you know? Curious if it is and if it is what the common outcome is.


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User1234

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Re: NIP's sent to old address
« Reply #6 on: March 10, 2024, 11:23:44 am »
Obviously she will be pleading guilty to the speeding fines, but what do you think the best course of action is for the two S172 bits? Guilty to both and then in the "mitigating factors" but try and explain what happened or go not guilty and try and explain in court?
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guest46

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Re: NIP's sent to old address
« Reply #7 on: March 10, 2024, 11:27:23 am »
On no account plead guilty - 12 points nailed on and licence lost!

She turns up on the day, seeks out the clerk and offers to plead G to the underlying speeding offences IF the Crown drops the FTF. This has been tried successfully many times and whilst never 100% guaranteed is highly probable.
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User1234

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Re: NIP's sent to old address
« Reply #8 on: March 10, 2024, 11:35:22 am »
So there is no punishment for not putting in a guilty or not guilty before the day itself? You can just show up on the day and submit it?
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666

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Re: NIP's sent to old address
« Reply #9 on: March 10, 2024, 12:07:54 pm »
Your friend should respond pleading NG to all offences.

In the 'mitigation' section, she can indicate that she will be willing to plead G to the speeding if the FTF charges are dropped. Since Covid, some courts have been receptive to that.

Failing that, as M60NJP has said, do the deal on the day, but with the prosecutor, not the clerk! She should get there early and ask an usher to point her towards the prosecutor dealing with the motoring cases.
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The Rookie

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Re: NIP's sent to old address
« Reply #10 on: March 11, 2024, 10:41:43 am »
Quote from: User1234 on March 10, 2024, 11:35:22 am
So there is no punishment for not putting in a guilty or not guilty before the day itself? You can just show up on the day and submit it?
Correct.  Any written submission has no effect until the actual hearing, so stating their plea on the day is no different to submitting a written plea.
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