Notice Of Intended Prosecution

Notice Of Intended Prosecution

Postby FreeSteven » Sun Jun 07, 2009 5:38 pm

Greetings all :)

I've been investigating the path of the free men for quite some time now and am now in the process of construction my NOU/COR etc as seems to be the way forward.

Being a family man I have decided that the best way to proceed is to intially put myself through the process, before subjecting my family to an unproven (to us at least) process and all possible dangers that may be associated with it.

In the meantime, my partner has recently received a Notice Of Intended Prosecution with regard to speeding, and having scowered these boards, together with numerous other free man forums, I have been unable to find any conclusive advice as to how to deal with a Notice of Intended Prosecution. I would imagine, simply from the posts within the threads I have read on the subject, that there are many others in the same boat, and I am hoping, that in creating this thread I have provided an opportunity for those that have developed their freeman skills already to share some knowledge with regard to how they would deal with this matter. Obviously she does not have a bond or NOU or COR in place already, but I am thinking that for the purposes of dealing with this issue that shouldn't matter?

I know this forum is not meant for "Agony-Aunt" type queries, but I feel this issue is one that many are experiencing, yet we have no where else to go? Perhaps if it were explored in detailed on these forums clearly repeat questions would not be necessary? That is certainly not a dig at anyone so please do not be offended - I truly only wish learn the truth for myself and help as many others as possible.

Back to the matter anyway..

The issue with a NIP for me seems to be that I cannot reply with a Notice of Conditional Acceptance because they are not asking for nor demanding any money at this point - they are merely asking that we confirm who the driver was given that the hire company have provided her details (point to note, the conveyance my partner was using was actually a hire car, hired for her person by her employer). That said, I do not want to complete the form provided because I see that as accepting their offer of a contract - the notice itself being an offer to contract.

I am thinking that I need to respond with my own notice, but to be honest I am not sure what type of notice this should be (I believe it is important to head the response correcty as a "Notice of.. x"). (note: I am aware there are various statutory loopholes to explore, by I do not wish to grant them jurisdiction by entering into discussion on the finer points of THEIR rules).

If they were to have sent us a PCN I would feel comfortable responding with a Notice Of Conditional Acceptance, requesting proof of claim of jurisdiction etc, but at this stage there doesn't seem to be anything to accept? And I don't want to jeopardise the use of this bargaining tool by potentially accepting their offer to contract via the completion of the form.

Any thoughts anyone? If I respond simply with a question of some sort, will they respond with a conditional offer themselves, effectively a PCN which I can then conditionally accept myself?

In my honest opinion, dealing with Notices of Intended Prosecution would make a good addition to the templates section of this forum. There seems to be a lot of misunderstanding as to the best way to deal with them every where I look.

Many thanks for you time and patience in reading my post. All comments graciously received.
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