N/A - Summons on referral to court / didn’t receive NIP

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Mon 22 May 2023 18:45
N/A - Summons on referral to court / didn’t receive NIP - Junglist781
Hi
A few weeks ago I received a single justice procedure notice for failing to respond to an NIP. Firstly, I never received the NIP and secondly I wasn’t driving.

I therefore responded not guilty on both accounts and have since received a summons on referral to court. At this point obviously I’m very worried as i already have 3 points and receiving 6 more would be very bad news.

How can I best defend my case in that I never received the NIP?
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Mon 22 May 2023 19:00
N/A - Summons on referral to court / didn’t receive NIP - Adampr

You can't really defend against not replying to the NIP as long as it was sent. Check that your licence and log book both have the correct address on before even trying to. Evidence that it was received isn't necessary for the court. You would also have been sent a reminder, so it's not considered likely that both went missing.

You can ask for photos of the speeding incident and see if they establish that it wasn't you driving. That will deal with that part, but you can't get out of failing to identify the driver.

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Mon 22 May 2023 19:09
N/A - Summons on referral to court / didn’t receive NIP - Junglist781
Thank you for the reply. I didn’t receive a reminder either. My licence and logbook have the correct info on. The only correspondence I received relating to the whole thing was the Single Justice procedure!
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Mon 22 May 2023 20:59
N/A - Summons on referral to court / didn’t receive NIP - Brit_in_Germany

You need to talk to a lawyer. They may suggest a statutory declaration where you state under oath that you did not receive the letters.

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Mon 22 May 2023 21:45
N/A - Summons on referral to court / didn’t receive NIP - Bromptonaut

If you're facing a further six points, putting you on 9, then I think you need proper legal advice. Realistically you're going to have to pay for it but you might find somebody who will run through your options first.

It may be that Middleman of this parish, who knows far more about this than the rest of us, will be along shortly.

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Mon 22 May 2023 22:00
N/A - Summons on referral to court / didn’t receive NIP - Middleman

You need to talk to a lawyer. They may suggest a statutory declaration where you state under oath that you did not receive the letters.

Any lawyer suggesting that should be struck off! A Statutory Declaration is used when a person has been convicted of an offence and was not aware of the proceedings against him. It is not appropriate in these circumstances.

You can ask for photos of the speeding incident and see if they establish that it wasn't you driving.

There’s no point. He wasn’t driving, and in any case at this stage the police are not interested in discovering who was or wasn't. As well as that, in these circumstances, the speeding matter is no longer an issue. Since the matter has now proceeded to court he should have the evidence the police intend to rely on to convict him (the “Initial Details of the Prosecution Case”) and that should include photographs that identify the vehicle.

Your only option in these circumstances is to defend the charge, relying on the Road Traffic Act. Section 172 (7) (b):

“the person on whom the notice is served shall not be guilty of an offence under this section if he shows either that he gave the information as soon as reasonably practicable after the end of that period or that it has not been reasonably practicable for him to give it.”

It has not been reasonably practical for you to provide the information as you did not receive the request. Unfortunately, the police have the advantage of being able to rely on the “presumption of service.” Provided they can prove the request was posted, it is presumed served two working days later. The burden then falls to you to prove it was not. You are at a further disadvantage as it seems that at least two, and possibly more documents have seemingly gone astray. There is the original request for driver’s details (provided with the NIP) and probably at least one reminder. Your job will be to convince the court that none of these documents were served on you and so you could not respond to a request that you did not receive.

As you obviously realise, if you are convicted you will receive six points and an endorsement code (MS90) that will see your insurance premiums rocket for up to five years. You are in a bit of a tricky situation.

A lawyer will certainly help you to put your case but he cannot alter the facts. You will have to decide whether to shell out on legal representation (probably £2k+) or do it yourself.

Edited by Middleman on 22/05/2023 at 22:04

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Mon 22 May 2023 22:11
N/A - Summons on referral to court / didn’t receive NIP - Junglist781
Thank you for the detailed reply. Needless to say i am very worried.

You mention that as this is now proceeding to court I should have all evidence, but I do not. I have not had photos of the alleged offence (though I’m not disputing this as I know it was my wife driving and she was speeding), but also how will they prove that the documents were posted?

I will speak to a solicitor. It seems that is my only hope of potentially avoiding this incredibly frustrating situation.

What makes matters even stranger; this exact situation occurred over a year ago, where I received a single justice procedure notice, ironically from the same camera. I was driving / speeding and accepted this, hence my current three points. But again, in that situation, I never received the NIP or any reminders. And yes, all details including address etc were correct!
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Mon 22 May 2023 22:33
N/A - Summons on referral to court / didn’t receive NIP - Middleman

You mention that as this is now proceeding to court I should have all evidence,

You should contact the court and tell them you cannot respond to the SJPN until you have the evidence that the police intend to rely on to convict you. You are entitled to see it before you enter a plea.

The police will have their own records of items that enter the postal system. Those records (or at least a statement from somebody who made them) should be among the evidence.

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Mon 22 May 2023 22:37
N/A - Summons on referral to court / didn’t receive NIP - Junglist781
Thank you. But just to be clear, I have already made a plea of not guilty on both counts, hence this has proceeded to a summons on referral to court and I have a hearing date. What should I do now?
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Mon 22 May 2023 22:57
N/A - Summons on referral to court / didn’t receive NIP - Middleman

Contact the court and ask for the evidence. I don't actually think it will help a great deal, unless it exposes some sort of cock-up. All the police have to do is to produce evidence that your notice was posted. But you should have it nonetheless.

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Mon 22 May 2023 22:57
N/A - Summons on referral to court / didn’t receive NIP - Bromptonaut
how will they prove that the documents were posted?

No direct or current experience but in the County Court the clerk who franked the envelope and put it in the post bag signed a statement, including the date service was deemed to have happened, on the office's copy of the summons. That was civil stuff around unpaid bills etc but I suspect something similar would be enough.

Modern technology of course could provide a more sophisticated trail.

Edited by Bromptonaut on 23/05/2023 at 08:41

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Tue 23 May 2023 11:28
N/A - Summons on referral to court / didn’t receive NIP - ExA35Owner

Go to pepipoo.com. Lots of excellent advice there. The people posting there know exactly how to deal with this kind of thing. I could give advice (and would 95% certainly be right) but the pepipoo team will be 100% right.

Edited by ExA35Owner on 23/05/2023 at 11:29

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Tue 23 May 2023 17:23
N/A - Summons on referral to court / didn’t receive NIP - Brit_in_Germany

You need to talk to a lawyer. They may suggest a statutory declaration where you state under oath that you did not receive the letters.

Any lawyer suggesting that should be struck off! A Statutory Declaration is used when a person has been convicted of an offence and was not aware of the proceedings against him. It is not appropriate in these circumstances.

Without knowing whether this response is backed up by a legal qualification or not, I bow to your superior knowledge. However, a Stat. Dec. is simply a statement as to the factual situation, made persusive by the consequences of lying, which can be used as evidence to support your position, similar to a sworn affidavit. It can be used after conviction (within 21 days, if I remember) but that is not the only time they can be of use.

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Tue 23 May 2023 21:38
N/A - Summons on referral to court / didn’t receive NIP - Middleman

However, a Stat. Dec. is simply a statement as to the factual situation, made persusive by the consequences of lying, which can be used as evidence to support your position,

The place for the OP to make that statement would be in court, from the witness box, under oath (or affirmation). The consequences of lying in that situation would be self-evident. He would then be subject to cross-examination. At present he faces a criminal charge and his defence of that must be made in court where the proceedings will be governed by the Criminal Procedure Rules and the Rules of Evidence.

A sworn statement or declaration has no strength in such proceedings because the prosecution can object to its admission unless the maker can be cross-examined to test its veracity.

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Thu 25 May 2023 23:14
N/A - Summons on referral to court / didn’t receive NIP - sammy1

Others have given advice on not receiving the NIP.. Apparently because the post is in a bit of a mess lots of people are receiving the NIP long after the 14 days. Advice has been given to retain the envelope in case this is of some help challenging the late arrival

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Fri 26 May 2023 09:46
N/A - Summons on referral to court / didn’t receive NIP - Andrew-T

Advice has been given to retain the envelope in case this is of some help challenging the late arrival

Most of the envelopes I receive have no recognisable evidence of date of posting or delivery !

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Sat 27 May 2023 10:07
N/A - Summons on referral to court / didn’t receive NIP - Bromptonaut

Most of the envelopes I receive have no recognisable evidence of date of posting or delivery !

Pretty much the norm now, certainly for stuff that's only handed to Royal Mail for delivery. This morning I received my May payslip for my Civil Service pension. There are two franks on the envelope. One for Trustpost who presumably have a contract with MyCSP and another saying it's delivered by Royal Mail. No dates anywhere on the envelope.

In this case though the OP has neither envelope nor content. Whatever system is used to record the posting of NIPs etc is, absent evidence we're not aware of, unlikely to be challengeable.

Newspaper reports say the postal delivery service is, in some parts of the UK in meltdown. The example quoted in the Guardian's report was the Isle of Mull and seemed to be a combination of factors. Staffing and vehicle shortages in Royal Mail overlaid by the well publicised issues with Caledonian MacBrayne's ferries. There are though plenty of reports if similar poor service elsewhere.

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Sat 27 May 2023 15:03
N/A - Summons on referral to court / didn’t receive NIP - Maxime.

Not saying it did happen, but if it was your wife speeding, maybe she "helped" the letters to disappear?

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Sat 27 May 2023 16:25
N/A - Summons on referral to court / didn’t receive NIP - Bromptonaut

Not saying it did happen, but if it was your wife speeding, maybe she "helped" the letters to disappear?

Well getting her hubby in position where he's on a sticky wicket and at risk of six points is'n't really helping.....

In all seriousness though does the OP have their own letterbox to which only they have access. My son lived for a while in an Edwardian house converted to flats. Post tended to be left in the outer porch for residents to collect.

Is there any history of mail going astray, like if roads or people have similar names. By Dad's name was Kenneth B, there was probably only one other person in Leeds with the same name and he lived two streets away in a house with the same number as ours!!

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