Notice of Intended Prosecution

LionKing

Thanks for comments guys.

Wig - Info requested below

Date of offence - 23/6/2008
Date of recieving NIP? 18/7/2008
Any postal date on NIP or on envelope containing NIP? 15/7/2008

Who is the registered keeper? My girlfriend (i am named driver on insurance)
At what address? - in relation to the address gf recieved NIP at - registered address is the same as where we received NIP

Do i have enough of a case to get them to drop?

Thanks

bargepole

LionKing wrote: »

Date of offence - 23/6/2008
Date of recieving NIP? 18/7/2008
Any postal date on NIP or on envelope containing NIP? 15/7/2008
Do i have enough of a case to get them to drop?

So the alleged offence was on 23/6, and they posted the NIP to the RK on 15/7 - 22 days later.

If you send the RAC letter to the Ticket Office (together with your form confirming you were driving, you must do this), anyone there with an IQ greater than their shoe size should immediately see they've got no chance of succeeding with a prosecution, and write back confirming no further action.

LionKing

Thanks - in case they do go ahead what should i do?

sarahg1969

Go to the forums on https://www.pepipoo.com for some further advice.

Wig

When you said 15 -7-08 is that date on the NIP (how do you know?) or on the envelope?

I don't know if you found the RAC letter or not on pepipoo, but as I understand it your gf has already returned the NIP naming you. What date was this sent?

We are now in late Sept almost Oct it seems as though they have already decided to drop this case. If you don't hear from them just forget about it.

But if you do hear from them (soon) asking you to confirm you were driving, send the RAC letter or write something like......

As the date of offence was xxxxx and the first NIP was sent to the registered keeper on date xxxxx I believe that the NIP was not served in accordance with Section 1 (1) (c) of the Road Traffic Offenders Act 1988. And would therefore ask that you now confirm that no further action will be taken against me.


They will not proceed with the case, but if they do, you will need to provide your evidence, ask for a copy of the NIP that was signed by gf to be used as evidence. Go to court and defend yourself on the basis of that evidence and quote the Act I quoted above. If you need help at that stage I would come back here or ask for help to state your case from the pepipoo people.


If what you say is correct, you will win easily, but I doubt they will proceed once you write the letter. Theymay have already dropped it.

LionKing

Hi Wig,
Thanks Wig.

I have typed wrong dates?? Offence was on 8/8/2008 (as stated in NIP). The date of the NIP letter to my firlfriend is 28/8/2008.

I can't find the RAC letter on Pepipoo?? - can somebody point me in right direction or paste for me please

bargepole

LionKing wrote: »

I can't find the RAC letter on Pepipoo?? - can somebody point me in right direction or paste for me please

It's in this thread: http://forums.pepipoo.com/index.php?showtopic=87

Wig

LionKing wrote: »

Hi Wig,
Thanks Wig.

I have typed wrong dates?? Offence was on 8/8/2008 (as stated in NIP). The date of the NIP letter to my firlfriend is 28/8/2008.

You must have it photocopied or something to be so sure? (very wise if you did that).

Anywho with such a date she would have sent it by 26th Sept 08, any idea what date she sent it? So I guess there's still time for them to be actively in the process of replying to you.

I can't find the RAC letter on Pepipoo?? - can somebody point me in right direction or paste for me please

What I wrote above would be sufficient -having now read the RAC letter, I have to say I prefer my own version-

I wouldn't do anything until you hear from them. at which point if you have a copy of the original NIP send them a copy with a letter, whichever you prefer, my one or RAC. If you don't have a copy, you will either have to request a copy of the first NIP (which I don't think they will comply with) or write your letter and if they refuse you will have to go to court and request a copy of the NIP as evidence against them.