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Title: Speeding motorcycle notice of intended prosecution never arrived

Date: 13 February 2013

Summons for speeding but I did not receive it!

Question

I recently moved out of rented accommodation to another house but before I could change the address on my driving licence I was caught on a mobile speed camera. The landlord at the house I moved out of failed to forward the penalty notice to me and now, four months after the offence, I have just received a court summons. I would never have contested the offence and would have been happy to accept the fine and points on my licence but I am now worried that the fine may be increased. Where do I stand legally on this? Is the fine likely to be increased if I plead guilty in court or is there any way I can avoid going to court?

Evan, e-mail

Answer

I have dealt with this before but in slightly different circumstances in which an ex-wife (out of bitterness) failed to forward a notice of intended prosecution (NIP) from the former matrimonial home to the husband who had left her. That was dealt with by way of a statutory declaration. Statutory declarations are used to allow a person to affirm something to be true for the purposes of satisfying some legal requirement or regulation when no other evidence is available. You need to speak to the court to explain the situation and they will arrange for you to attend court to explain the circumstances to the magistrates who will then ask you to sign the declaration avoiding the need for the trial. In your case the Landlord may also be able to provide you with a statement confirming he did not forward it to you but I don’t know what terms you are on.

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