Failing to give information

custardy

uktyler wrote: »

UPDATE:

(Only because i hate it when other people don't)

I sent the paperwork off to court to plead innocent, and wrote letters to the police, Post Office and Postwatch to get details of when the letters were sent to me, how they were sent and a copy of my complaint history regarding lost post.

I then had a call from the police, with a conditional offer of the original speeding fine and 3 points put on my licence, as they beleived I had not received the NIP.

Despite advice to the contrary on other forums, I accepted the offer, and took the 3 points. Other people advised me to fight it, as the time taken to serve the NIP made it uninforcable. However as I was guilty of the original offence I decided against this option.

I am now activly searching for jobs that don't involve driving, as for twenty years I used to love driving, and liked nothing better than going for a spin on a nice day. It no longer has the same appeal, so I will be looking for a job I actually enjoy. It will mean less money, but work takes up a major part of my life, and I want to do something I actually enjoy all day.

I am glad it did not go to court, as the Royal Mail have yet to answer my request for information, they did call me to ask what information I wanted, and why, but no sign of it yet. Whats the betting that got lost in the post?

glad you got it sorted.
however what exactly do you expect RM to tell you?
have you found out how it was sent?
what method?
what date?
from which office?
or do you expect them to just know among the millions of other letters?
for example i deal with many of speeding tickets that have incomplete addresses on them and they are returned to sender.

chuckles1066

uktyler wrote: »

They only have to post it so it would arrive in 14 days, they don't care if it arrives or not. I was speeding at the time, I am guilty, why try and get away with it?

So.............the original point of your post (apart from waste bandwidth) was what exactly?

chuckles1066

uktyler wrote: »

Did you even bother to read my first post?

I was asking for help as I was being charged with failing to give information, a 6 point offence that could have resulted in the loss of my licence. An offence I was not guilty of. I only received the offer of the speeding fine and 3 points after I pleaded not guilty to the charge of failing to provide the information.

But you said you didn't receive the NIP/name the driver.

You stated that the Police "believed" you hadn't received same.

I told you to tell them to go whistle for their money.

Do you need black and white line drawings or something?

custardy

uktyler wrote: »

I sent a subject access request, as all of my previous complaints have been recorded on their system. I have copies of the letters of complaint I wrote to them, but this could have been made up. They have records of what action was taken and on what dates. This would have stood up in court better than my letters to RM.

A letter was sent recorded delivery to the data protection officer at RM, it was received, a phone call followed stating this information would be sent. I have heard nothing back. I know they have fourty days to action it, but I was hoping for it sooner.

im talking about your original issue.
are you expecting them to tell you about this letter supposedly sent out?

vaio

uktyler wrote: »

chuckles1066 wrote: »

I told you to tell them to go whistle for their money.

Why would I do that? I am guilty. I could go to court, spend lots of money on a solicitor to try and get away with an offence I committed.

I can't see the point.

To me it seem immoral to attempt to avoid punishment for the speeding offence.

I think the point people are making is you can’t be prosecuted for speeding if they don’t serve you with the NIP within the limit. Once the police accepted you hadn’t had it then the speeding allegation automatically fails.

vaio

uktyler wrote: »

……..However I never received the notification of intending prosecution, so I had no idea that I was being prosecuted for speeding……..

uktyler wrote: »

……..If that was the case no one would ever get prosecuted for speeding, ever. The original NIP went to the company I work for, the second one came to me.

According to the police the NIP only has to be posted to be deemed as served.

All the little loopholes to avoid tickets like this have been closed, and righly so, why bother to have laws if everyone can get round them?

So both got lost in the post?

Badger_Lady

I'm a bit confused about what's going on now, but...

They can't prosecute for speeding unless they know who was driving. If they never received that information from you, the speeding offence is automatically dropped, so they replace it with the "more serious" offence of failing to provide information.

Whatever happens about your failure charge, you won't be prosecuted for speeding.

chuckles1066

uktyler wrote: »

vaio wrote: »

uktyler wrote: »

If that was the case no one would ever get prosecuted for speeding, ever. The original NIP went to the company I work for, the second one came to me.

According to the police the NIP only has to be posted to be deemed as served.

All the little loopholes to avoid tickets like this have been closed, and righly so, why bother to have laws if everyone can get round them?

You've quoted me as saying something I didn't?

cyclonebri1

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl: :rotfl:


So much garbage in 1 post:rotfl: :rotfl: :rotfl: :rotfl: And all hypothetical too?

I don't believe you,:rolleyes: well, I don't believe you either:rolleyes:

Come on kids grow up.

ABSOLUTE RUBBISH. I've done over 1.7 million miles since I started driving HGVs 15 years ago and I've not got a single penalty point or even a parking fine in all that time.


Conner,mmmm, when will you post a reply without telling folks you are a lorry driver, is that helpfull?, in fact when will you post a reply that is factually true or remotely helpfull to anyone?

No points does not qualify you as anything other than lucky.

To you personally can I suggest that if you have anything to offer that is remotely beneficial to the op, then you don't bother?

Wig

uktyler wrote: »

I then had a call from the police, with a conditional offer of the original speeding fine and 3 points put on my licence, as they beleived I had not received the NIP.

Thanks for the update, (even so, this is the first time I've seen this thread)

If I were you I would have asked for his/her name (on the phone) and asked that what they just said to me was put into writing. Whoever it was, actually told you they believed you that you did not recieve the NIP? I would have written down his name and the basics of what he just said to me and asked him to repeat it just so he knew himself what he was admitting to you.

Then I would have waited for their offer in writing, which hopefully would include the bit about them believing you did not recieve the NIP.

Then I would have refused their offer as it was not enforceable.

It's at times like these when you're on the phone that you wished you recorded every call you have, I must get one of those gadgets.


I don't believe in the philosophy of taking a birch to your own back. These people were prepared to take away your licence - unlawfully, and you think you owe them something?

Edit to add, If they believed they had posted it, then that would have been a different matter requiring a more learned approach using a solicitor. but you could have asked for copies of all the paperwork,which if they were honest they would not doctor before copying it to you, and that might show that it had no "date of posting" details, which would help you, if they continued the prosecution. Even so, I believe if you had them admitting on paper that they believed you did not recive the NIP, they wouldn't have a leg to stand on in court.

I would have asked the motoring lawyer "Nick somebody" ??? how much he would charge to take on the case and if it were worth it before making a decision.