NIP - Result!!!!
Discussion
Hi guys,
For background info regarding my case, read this thread.
Anyway, the CPS must have reviewed the case and realised they didn't have a hope in hell of winning the case, so I got the following letter this morning:
DISCONTINUANCE. Don't you just love that word?
Cheers,
Wim
For background info regarding my case, read this thread.
Anyway, the CPS must have reviewed the case and realised they didn't have a hope in hell of winning the case, so I got the following letter this morning:
DISCONTINUANCE. Don't you just love that word?
Cheers,
Wim
wimdows said:
Nope. No video evidence seemed to be available. All I received when seeking disclosure of evidence was a fuzzy copy of a still photo.
So you did ask; you just didn't get.
Curioser and curioser.
The moral of the story is that anyone charged must seek disclosure of the video evidence.
jeffreyarcher said:
So you did ask; you just didn't get.
Curioser and curioser.
The moral of the story is that anyone charged must seek disclosure of the video evidence.
And so they couldn't have used it as evidence in the case, since I asked for all evidence they were looking to use to be disclosed.
) 
Hang on a minute Wimdows... them dropping the case wouldn't have anything to do with you having a DUTCH driving licence would it?
www.pistonheads.com/gassing/topic.asp?f=10&h=0&t=39622
www.pistonheads.com/gassing/topic.asp?f=10&h=0&t=39622
blueyes said:
Hang on a minute Wimdows... them dropping the case wouldn't have anything to do with you having a DUTCH driving licence would it?
www.pistonheads.com/gassing/topic.asp?f=10&h=0&t=39622
Nope. Although that is the case.
If I'd been found quilty somehow, that would've been the next card up my sleeve! Beejay,
After I received the summons, I did let the court and CPS know I was going to plead not guilty. As a result of that, the case got adjourned.
Next thing I did, I asked for the CPS to disclose all substantial evidence relating to the alleged charges, and also made sure I mentioned that not signing a NIP in itself does not mean one has failed to supply.
When they obviously reviewed the case a couple of days before the hearing, CPS realised they did not have enough evidence to convict. Plain and simple. And they knew from my correspondence that I was not going to take it lying down. Well - not that anyway.
After I received the summons, I did let the court and CPS know I was going to plead not guilty. As a result of that, the case got adjourned.
Next thing I did, I asked for the CPS to disclose all substantial evidence relating to the alleged charges, and also made sure I mentioned that not signing a NIP in itself does not mean one has failed to supply.
When they obviously reviewed the case a couple of days before the hearing, CPS realised they did not have enough evidence to convict. Plain and simple. And they knew from my correspondence that I was not going to take it lying down. Well - not that anyway.
wimdows said:
Beejay,
After I received the summons, I did let the court and CPS know I was going to plead not guilty. As a result of that, the case got adjourned.
Next thing I did, I asked for the CPS to disclose all substantial evidence relating to the alleged charges, and also made sure I mentioned that not signing a NIP in itself does not mean one has failed to supply.
When they obviously reviewed the case a couple of days before the hearing, CPS realised they did not have enough evidence to convict. Plain and simple. And they knew from my correspondence that I was not going to take it lying down. Well - not that anyway.
That's exactly the way it happened for me last August, although in that instance the case was 'withdrawn'! Good to know the 'not signing' route is still available and working well...
Congratulations!
so i assume things go like this.
1> you get NIP
2> if there is a photo that does not identify you properly send NIP back unsigned, if no photo ask for them to send you one, if it does not identify you send it back unsigned.
3> send them a letter saying you intend to plead not guilty and ask for disclosure on any evidence they intend to use and state that you have not failed to supply driver details.
4> goto court on a not guilty and they have no evidence.
is it this simple
1> you get NIP
2> if there is a photo that does not identify you properly send NIP back unsigned, if no photo ask for them to send you one, if it does not identify you send it back unsigned.
3> send them a letter saying you intend to plead not guilty and ask for disclosure on any evidence they intend to use and state that you have not failed to supply driver details.
4> goto court on a not guilty and they have no evidence.
is it this simple
bassanclan said:
Congratulations!
Do you reccomend wasting some of their time by asking for the photos before filling out the unsigned NIPS?
They only have to provide the evidence if you are pleading not guilty. However you should request the photo on the grounds that you cannot remember who was driving at the time, so the photo may help you identify the driver (which it wont). However if you were the only person in the car at the time (and this is clear from the photo) it would be unreasonable to say you could not remember who was driving.....
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