Originally Posted by fizzwheel (Post 2400849)

That may explain it. They'll just assume you ignored the NIP if that was the case.

Like I said go get some legal advice.

I'd be wary of thinking they'll reduce your fine / sentance to a driving education course, especially with points already on your license.

Go get the legal advice, it may pay for itself in the long run by avoiding a mahoosive fine or a ban.

Originally Posted by SVMAT (Post 2403003)

After going round in circles for a while i was told in order to get evidence i would have to write a letter requesting it to the police who would the forward it to the cps who will decide whether i get disclosure or not :S. The woman on the phone made it sound as if they basically did not have to disclose the evidence to me.

Originally Posted by yorkie_chris (Post 2403010)

+1 on the legal beagles.


Now this might be me talking balls as I'm no brief... but if he had been sent a NIP to determine who was driving (doesn't sound like he was), and did not respond to this (obviously he did not)... then would he not be being charged with failure to disclose the driver or whatever it's called rather than the DWDC offence?

Originally Posted by collis (Post 2403095)

out of curiosity, what and when did you get your 3 points already for?
are the police trying to prosecute you twice for the same offence?

Originally Posted by SVMAT (Post 2403003)

After going round in circles for a while i was told in order to get evidence i would have to write a letter requesting it to the police who would the forward it to the cps who will decide whether i get disclosure or not :S. The woman on the phone made it sound as if they basically did not have to disclose the evidence to me.

Originally Posted by -Ralph- (Post 2403190)

Police - Investigate the crime and build a case containing evidence to present to the CPS.

The CPS - Crown Prosecution Service, a government department responsible for prosecuting criminal cases that have been passed to them by the police.

(All prosecution is "criminal" and motoring offences are a crime, which do result in a record of crime, they just don't result in a "criminal record" in the common sense of the expression, which means the Criminal Records Bureau and the Police National Computer databases don't flag up records against you) Must be majorly different down there because according to Scottish Crime Recording Standards, very few motoring offences are classed as "crime". The few being things like S178 (twoc'ing basically) and disq driving. And motoring offence do show on PNC under a persons name file if they have been convicted at court, not if it is a FPN though.

The Magistrates Court - The lowest level of court, presided over by Magistrates, usually a voluntary member of the public (read society do-good'er and general sticky beak if you wish), who is advised by a professional legal advisor.

Why would you have to write to the police? They now have nothing to do with it, other than a responsibility to ensure they have investigated fully and pass any new evidence to the CPS, and the CPS will probably call a police officer as a witness in court.

The woman on the phone obviously doesn't have a clue. Of course they have to disclose evidence held against you, or how can you now what you are accused of, enter a plea in court, of prepare a defence.

Don't write to the police on the advise of this daft woman on the phone, now is the time to involve your solicitor, and tell him the difficulty you have had in obtaining the evidence.

I still cannot understand how they can summon you to court for DWDC, if you still have not told them who was driving at the time of the alleged incident.

Originally Posted by benji106 (Post 2403192)

Just a thought but if someone else had been sent an NIP and responded claiming the OP was the driver at the time, would that explain why he got a summons without an NIP or should he still have recieved one (NIP)?