Returning form confirming driver=pleading guilty??

[wimdows]

Hi,

A cousin of the missus got a court summons for speeding, he went to a sollicitor, to ask whether he'd be able to see the evidence. The sollicitor told him he'd pleaded guilty by returning the signed NIP?

I could swear you only confirm who was actually driving the vehicle at the time of the (alleged) offense?

Any ideas?

Cheers,
Wim

>>> Edited by wimdows on Thursday 15th May 17:10

[icamm]

It's oddthat he's got a summons if he returned a signed NIP. Unless it's for a very high speed that an FPN cannot deal with.

If he has returned a signed NIP then yes he has admitted guilt (signing the form is a confession). See the thread about the NIP loophole for more details. The basics are that if you sign the NIP you have confessed who the driver was. If you don't sign the NIP you have told them but not confessed - it's a small legal point but the basis of the loophole.

[Wimdows]

Reason I'm so interested, is because I am being taken to court (on monday) and am in a similar situation.

Was doing 74 in 50mph roadworks stretch on M4.

Anyway, I signed the "Requirement to Provide Driver details", and confirmed I was driving the vehicle.

Since I have a Dutch driving license, they can't issue an FP ticket.

So next thing, I get a summons (date of summons being 6 months and 1 day after the date of offence). I send a letter (recorded delivery) to CPS asking for them to disclose the evidence, but no luck. And it's now less than 7 days prior to court date, which means they can't rely on any evidence in court.

I asked the Magistrates to adjourn it, but they said it would be dealt with in the court.

Anyway, if signing the NIP or "Requirement to Provide Driver details" means you plead guilty, then how is this going to work?

Cheers,
Wim

[5ltr-chim]

Slight diversion here and appologies if I'm wrong (check with a solicitor) - I'm sure I read some legal thing that said that you can only get fined for speeding in a temporary limit i.e. no points.

[kevinday]

IIRC returning the signed NIP admitting you were driving is a confession, however you will then be sent an offer to accept the points and a fine. If you refuse this you then get a summons. If you do not receive, or ignore the offer you will get the summons. In court you will most likely be found guilty if you sent back the signed NIP.

I am sure could provide further details if required (or you could check back through earlier threads as I am sure he has explained it all before )

[swilly]

I believe that IF you return a signed NIP, the cops have the choice of offering you the £60 tax and points or if the offence is more serious you get the summons.

If you ignore all correspondence you eventually get the summons.