NIP & Summons - wrong address

[6music]

I was apparently caught by a GATSO doing 40 in a 30. At the time of the offence I had recently moved house, and had sent my change of address details to DVLA. The NIP was sent to my old address, and the new occupiers failed to pass it on. Almost (not quite!) 6 months later a summons was sent - also to the old address. This time the new tenants forwarded it on, so I have received a summons dated 22/3/07 charging me with failing to supply drivers details for a speeding offence committed 01/10/2006 - NIP dated 06/10/06.

Do I have any grounds to challenge as the DVLA holds the correct information of my new address, so clearly the police haven't tried too hard to find me. The NIP says "To be completed by addressee only "-which I am not (any more).

Should I plead not guilty, or guilty with mitigating circumstances (that I never received the NIP). Or should I just fess up and pay the fine and take the points?

Any advice gratefully received.

[NORMANTHEDOG]

you should explain all of this to the police,taking your v5 doc as proof that you did inform the dvla.that should cover you.but whatever happens you will still get original pts and fine.

[zebedee1691]

You could go to court and ask to sign a statutory declaration to say that you never received the orginal NIP. The case can then be reopened and a new NIP sent to your current address.

[Buenchico]

'Addressee' means the person to whom the letter is addressed. The postal address of that person is irrelevant. So, however many times you might move (or even if you were homeless and living on the street) you would continue to be the addressee of the NIP.

Turn up early at court and ask to speak to the duty solicitor. It's the right of every defendant to seek advice from this solicitor, which is provided free of charge. Tell him/her that
(i) you accept that you were speeding ; and
(ii) you accept that you failed to provide the required information but you wish to explain the circumstances to the court.

He/she will be able to advise you as to whether you should plead guilty (but with mitigating circumstances) or plead not guilty.

Chris