3. Is my Postal Requisition Valid?
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Is my Postal Requisition Valid?
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Hi all,

My car was caught speeding on the 31st January 2024.

I received a postal requisition charging me for failing to give information relating to the identification of the driver of a vehicle when required.

It says I was charged with this offence as shown above on 6th March 2024 (this is shown on postal requisition)

The Postal Requisition was produced and sent to me on the 6th August 2024. This is more than 6 months from the date of the speeding incident.

Does this mean my postal requisition is invalid or is it still valid because I was charged with the offence in march which is under 6 months from august?

Also, section 29 of the Criminal Justice Act 2003 states that the written charge must be issued at the same time as the requisition.

Although, I was charged in march, the requisition wasn't produced until after the 6 months had passed.

Really confused at the moment and would appreciate some help. Thanks for your time.
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Re: Is my Postal Requisition Valid?
« Reply #1 on: »
I suspect that there is a significant difference between your description of what you have received and what you have actually received.

I note that there is no mention of any previous notices having been received, and perhaps more tellingly, no mention of not having received any previous notices.

At some point, you will almost certainly be asked if you have the V5C for "your car", whether the details (particularly the address) is correct and current, and what the date after the DocRef. No. at the bottom of page 2 is.

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Re: Is my Postal Requisition Valid?
« Reply #2 on: »
Quote from: georgegreen995 on August 13, 2024, 10:49:39 pm
Although, I was charged in march

Were you? How do you know that?
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Re: Is my Postal Requisition Valid?
« Reply #3 on: »
Quote from: Southpaw82 on August 13, 2024, 11:40:45 pm
Quote from: georgegreen995 on August 13, 2024, 10:49:39 pm
Although, I was charged in march

Were you? How do you know that?

Under the title Postal Requisition Offences, It says I was charged with offence shown below - '(1) On 06/03/2024.......failed to give information relating to identification of the driver of the vehicle...'
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Re: Is my Postal Requisition Valid?
« Reply #4 on: »
Quote from: andy_foster on August 13, 2024, 11:28:51 pm
I suspect that there is a significant difference between your description of what you have received and what you have actually received.

I note that there is no mention of any previous notices having been received, and perhaps more tellingly, no mention of not having received any previous notices.

At some point, you will almost certainly be asked if you have the V5C for "your car", whether the details (particularly the address) is correct and current, and what the date after the DocRef. No. at the bottom of page 2 is.

My first nomination was rejected. I received another NIP where I put in my details. I then received this postal requisition.
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Re: Is my Postal Requisition Valid?
« Reply #5 on: »
So, the postal requisition alleges that on 06/03/2024, you committed the offence of failing to provide information contrary to s. 172(3) RTA 1988. For reasons best known to yourself you then decided to waste our time by telling us that on that date you were charged with the offence.

As 06/03/2024 was less than 6 months ago and you have already received the postal requisition, then I'm struggling to see how the written charge could have been issued more than 6 months after the date of the offence.

If there is anything else that you want to tell us, or want to ask, I would strongly suggest that you do so in one post - I'm not going to tolerate any further drip feeding in this thread/case.
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Re: Is my Postal Requisition Valid?
« Reply #6 on: »
Quote from: andy_foster on August 14, 2024, 12:24:50 am
So, the postal requisition alleges that on 06/03/2024, you committed the offence of failing to provide information contrary to s. 172(3) RTA 1988. For reasons best known to yourself you then decided to waste our time by telling us that on that date you were charged with the offence.

As 06/03/2024 was less than 6 months ago and you have already received the postal requisition, then I'm struggling to see how the written charge could have been issued more than 6 months after the date of the offence.

If there is anything else that you want to tell us, or want to ask, I would strongly suggest that you do so in one post - I'm not going to tolerate any further drip feeding in this thread/case.

I'm sorry I didn't mean to drip feed. I was confused because the incident date was 31st january. I thought postal requisition 6 month timer started from that date.
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Re: Is my Postal Requisition Valid?
« Reply #7 on: »
Quote from: georgegreen995 on August 14, 2024, 12:38:33 am
I'm sorry I didn't mean to drip feed. I was confused because the incident date was 31st january. I thought postal requisition 6 month timer started from that date.
The date of the original incident (speeding) may well have been 31 January but you have not been charged with speeding, it would appear that you have been charged with the offence of failing to identify the driver at the time of the alleged speeding incident [on one or other of the NIP's you say you were sent - these would have incorporated a s.172 requirement to identify the driver].

The date of 6/3/24 is a notional offence date calculated by allowing time, after the offence, for the s.172 requirements to have been prepared, served on you (by post) and for you to have replied within the time limit set out on the NIP/s.172 i.e. 28 days from the day on which the notice was served.

You were not charged on 6 March but at the time of the postal requisition. The charge being that "On 6th March you (in terms) failed to provide details... etc.

Hope that clarifies things.

As AF and Southpaw have suggested, if you would like more assistance then you are going to have to provide a detailed timeline setting out what documents were received when; how and when you replied and what details you provided to the police.
« Last Edit: August 14, 2024, 06:27:48 am by H087 »
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Re: Is my Postal Requisition Valid?
« Reply #8 on: »
Quote from: georgegreen995 on August 14, 2024, 12:12:16 am
My first nomination was rejected. I received another NIP where I put in my details. I then received this postal requisition.
Surely this needs some explanation. Who was on the first nomination? What reason would the police have to reject it? Why then nominate yourself if the person first nominated was actually driving? Speeding or even Failing to Furnish could be the least of our problems.
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Re: Is my Postal Requisition Valid?
« Reply #9 on: »
Quote from: H087 on August 14, 2024, 05:38:33 am
28 days from the day on which the notice was served.

Minor correction, it's WITHIN 28 days, so a response received by the Police on the 28th day after the S172 is received by them one day late (day of service counts as Day1).

At the OP.  FRankly you've made a hash of posting this by jumping on one erroneous assumption and not telling us the full story, so suggest you lay out a detailed timeline of what happened when and how you responded and any explanation so

31/1/24 Alleged speeding offence of XXmph in YYmph limit
DD/2/24 Received NIP/S172 request (logically 07/02 deemed served - could have arrived a day earlier - to give S172 offence date of 06/03)
DD/M/24 replied to S172 request with.........

Some hints for that reply
What was your S172 response? Why was/do you think your first response unsatisfactory?  What EXACTLY did you respond to that with? How quickly?
Crucially did you identify ONE driver unequivocally in the reply or either say 'dunno', or give a list of names or add a caveat such as 'I'm pretty sure it was....'?
Are you dual charged with both the S172 and Speeding?
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  3. Is my Postal Requisition Valid?