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Originally Posted by me283
Flubflow, I agree with you, it SHOULD be the case. But here's a quandary: how does one "prove" that one has written to the FPSU? For an answer we should refer to the FAQ section on the paperwork sent out by the court. One example question asks how the FPSU can prove the Notice was sent; the answer is that the FPSU provide a statement to that effect, and the court regard that as "Good Service". So wjy is it not the same rule for me?
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I take it you used recorded or registered post when you wrote to the FPSU?
That proves they recieved it, and it is then up to them to give a valid reason for not responding.
The police must also use recorded or registered post in order to prove that they sent the NIP within 14 day.
Most however don't as they're cheapscates even though the income from the fines should be available to pay for this.
With my case which Debsy directed you to, was thrown out because of the incompetence of Humberside Police with regards to how they handled my requests for information.
It is my experience they are only interested in getting a conviction wether it's legal or not, or the person who was actually speeding and they'll do what ever they can to dodge your requests for information.
I asked twice for evidence that they had actually sent me a NIP, the first time they ignored my request, the second time they signed a statement saying they hadn't recieved it (thankfully I had proof of delivery) and passed my case straight to the court.
On the court paperwork where you can put extenuating circumstances, I detailed the law stating that a conviction cannot be given without proof that the NIP had been sent within 14 days, that the dates quoted for correspondance on the statement the police gave were inaccurate, and that it had claimed that they had not recieved my final letter.
The CSA investigated, requested the police to explain the discrepancies and about my final letter, the police were unable to give a satisfactory (or apparently even relivant) reply and the case was thrown out, with appologies from the CSA reprisentative and the Clerk of the Justice, who were both extremely angry at the police for wasting so much time and money.
Thankfully I had Debs with me for support too
I would seek legal advice from a solicitor to find out if you are able to appeal.