unclebuck

Has anyone on here tried sending one and not signed a NIP?

If so, what happened afterwards did the Law as predicted drop the prosecution?


Cheers.

unclebuck

Hedgehog - if you are around, what's your take on this?

22BUK

Yes & yes!

bioforger

iTrader: (1)

It's a lottery to be honest. Some courts will take you all the way, and you might end up with a massive legal bill, and more points, bigger fine then the original FPN. Or the case might get dropped and you get off scot free. You do the speed and take your choice If you do decide to use it, leave sending your reply back for as long as possible in the 28 day period you have. Some ppl have simply gotten off, due to the process timing out after supposedly having the papers put down in court.

slickrick

lots of help can be found here....

FightBack Forums (Powered by Invision Power Board)

alcazar

iTrader: (2)

Yes and no.

Mags ignored all evidence except the photo. Increased fine to £100 and £150 costs.

Alcazar

unclebuck

Cr@p!! I don't need that Looks like I'll have to cough up then. I can't afford a day and a two hundred mile round trip for a court appearance either.

scoobynutta555

AFAIK you can move your magistrate court appearance to a local court instead of going hundreds of miles away from your home.

bioforger

iTrader: (1)

You don't actually have to goto court, unless they're thinking about banning you. In fact it's better for you to plead by post, as this is seen favourably by the magistrates. The thinking is, it doesn't waste more of their valuable time, having to setup a court session. Well the consensous on pepipoo is that you should plead by post anyway.

scoobynutta555

If you're looking at a potential ban then I'd say put an appearance in. I was looking at a possible ban but came away with 6 points and 100 quid fine. I was smartly dressed and obviously not a tattoo festooned beach worn oik like many others that put an appearance in that day

555-Shaggy

I sent PACE in and and got a standard reply about it not beling relevant in my case blah blah blah.. It's not timed out yet, but got a couple more months to run. If I hear nothing before Xmas all well and good.. I'm off.. it I do get a court summons I'm pleading guilty by post and taking the standard £60 and 3 points.

Lets just hope another is not in the post after yesterday..

bioforger

iTrader: (1)

Yea except it will be £60 plus court costs, which is anywhere from ~£35-60

andy97

iTrader: (1)

I know somebody who has used the pace witness letter. 8 days to go for timing out. Lots of threats from several letters, not heard anything for months.

I would use it, even if I lost as it just creates havoc for their money making machine. Its depends on which police force scammered you, as to which they go, drop it, or prosecute. If the alleged offence is only minor, go for it and have loads of fun. The eye opener is to see how the judicial systems lies and manipulates you and witholds evidence for your defence. Just think it cost them a fortune to take you to court, use your rights

andy97

iTrader: (1)

But you should have the oppotunity to take civil action when the ECJ find in the motorists favour

andy97

iTrader: (1)

For the first date, this is a hearing for what the person is going to plead. This can be by post and doesn't usually require the person to be present.

andy97

iTrader: (1)

Edit you're thinking about using the Pace Statement, ignore the below questions unless you have a summons

Have you scanned your summons pack, uploaded it onto pepipoo?

What have you actually been charged with, speeding, sec172, or both?

Did your summons pack include your pace witness statement?

Andy

unclebuck

Cheers, chaps.

No summons, just a NIP.

I was on a bike. 41 in a 30. Wide road broad daylight etc. Not a GATSO but a 'mannual detection' I assume this means a hand held laser so no pictures involved (is my belief - but don't know for sure). I didn't see a van or anything so they must have been concealed somewhere. Avon and Somerset Constabulary

I'm happy to contest it if there is no additional cost to me or travelling involved. The PACE thing seems a bit boarderline TBH I'm not sure what to do, but I would like to keep a clean license.

I have got to make a decision one way or the other as the 28 days are almost up.

Any more experiences results etc would be useful.

TIA

bioforger

iTrader: (1)

I would definately go the pace route in this case, you don't have much to lose really (apart from court costs if it did goto summons). Sounds like there could possibly be a problem with the evidence to from your description.

njkmrs

Anybody tell me what the PACE statement is .
Apologies if its obvious .
Regards

druddle

Yes and yes (although it wasnt actually the PACE statement that got me off, it was the CPS' inability to prove even the simplest details that got my case dismissed).

If you use it be prepared for it to take a while. I got done last Feb, got NIP, sent PACE, ignored 4 or 5 letters telling me to fill in the S172, then got a summons in August for an Oct hearing. Went to court and CPS didnt have all the docs, so it went to another hearing (PTR - pre trial review) and it was only when i pointed out that on their summons bundle the evidence they claimed to have that proved they sent me a NIP was actually a copy of the one sent to the lease company not me, so was inadmissable in court.

PACE statement is all to do with the Police And Criminal Evidence act and the fact that you legally have to provide the information requested on the S172 form but you dont legally have to fill the form out. So by sending a PACE statement letter and also including all the information on requested on the S172, you fulfill the legal obligation without signing the S172 form.

As mentioned above if you are prepared to fight it to the end, Pepipoo is the place to go, theres some really really helpful chaps on there (Mika, Jeffrey Archer and andy_foster to name a few).

Dave

Luan Pra bang

The trick is make it as hard as possible. Send the letter to a different address first after waiting the maximum amount of time. Then try PACE then turn up to court after trying to delay the court case for as long as possible. After a certain amount of time they either give up or make you go to court. I went once for two offences and they lost the paper work so had to let me get off scott free. Also try to get a Polish friend who has a car with fully comp insurance to take the fine which you pay on his behalf as he cannot get the points. You could insure any visisting relatives from Kazakstan on your your car and give his address.

njkmrs

Thanks for the explanation on PACE .
And well done for sticking one up em !!