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Old 09 September 2011, 02:49 PM
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f1_fan
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Default NIP question

OK anyone know the answer to this one?

Received a NIP for 36 in a 30. Fair enough no argument about the speed in question.

The driver was an Aussie visitor who I had just that day added to the insurance for my car.

So will fill in the NIP with their name and address, buit what will actually happen?

They are leaving the country in 3 weeks for starters so won't be here to prosecute.

Any ideas?
Old 09 September 2011, 02:51 PM
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urban
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Nothing will happen f1
Old 09 September 2011, 03:00 PM
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Leslie
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Unless they got a wiggle on, they can't do a lot. They may check the legality of the car and insurance though.

Les
Old 09 September 2011, 03:06 PM
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Agree with Leslie, make sure you are bulletproof before you send the info back. They will not be best pleased if it turns out anything was not in order. Oh, and send it back the day before Bruce goes home, save him some grief.
Old 09 September 2011, 03:14 PM
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Originally Posted by Leslie
Unless they got a wiggle on, they can't do a lot. They may check the legality of the car and insurance though.

Les
All legal and above board so no worries there. Have the cover note with the Aussie added sitting here at the ready too.

Feel a bit guilty that no one is to pay for such a heinous crime too... oh well LOL!
Old 09 September 2011, 04:04 PM
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urban
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Happened to me not that long ago, American friend was doing 50 in a 40.

Send back with friends address - police didn't even bother writing to him.
Makes you think eh
Old 09 September 2011, 09:19 PM
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Genuine cases rarely come to anything. However those jumping on the bandwagon raising this defence have been caught out and been charged with perverting the course of justice.
Old 09 September 2011, 09:25 PM
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AsifScoob
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Worst case 36 in a 30 will result in one of those speed awareness workshops, the one where they tell you how evil you are by being a terrible threat to life itself. Tw@ts!

Mine cost me £95 too. I had to bite my lip for the whole thing!
Old 09 September 2011, 10:41 PM
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That's 120 mph less than the last Aussie story I heard...

LOL

dunx
Old 10 September 2011, 10:57 AM
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Originally Posted by AsifScoob
Worst case 36 in a 30 will result in one of those speed awareness workshops, the one where they tell you how evil you are by being a terrible threat to life itself. Tw@ts!

Mine cost me £95 too. I had to bite my lip for the whole thing!
No way on God's earth I could do one of those... would just take the points and the fine in preference. Have better things to do with my time.

Anyway in this case that won't be an issue unless they are going to pop over to Aus and do it there LOL!
Old 25 October 2011, 11:37 AM
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Well this hasn't gone away after all.

Received a letter from police this morning which says

Originally Posted by Police
I refer to your recent nomination which I am afraid has not been substantiated. You may have been mistaken or more seriously you may have knowingly falsely nominated which is a serious offence and carries a custodial sentence
Neither of these two cases are true. The information I gave is 100% correct!

They then go on to say they have enclosed a further Section 172 for me to fill in which they haven't.

I called them, got cut off 4 times whilst on hold before evenetually speaking to them and they are sending the missing 172 out and a photo of the offence to which the girl on the phone laughed when I said "Does it look like a 46 yo baldish guy driving??? No it doesn't does it?"

They also require proof my overseas visitor was insured, here in the UK and more information relating to how they can track them down.... like giving them a home address isn't enough... probably isn't bearing in mind they can't remember to enclose a basic form they refer to in the letter!

Parasites!
Old 25 October 2011, 11:48 AM
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Originally Posted by f1_fan
Well this hasn't gone away after all.

Received a letter from police this morning which says



Neither of these two cases are true. The information I gave is 100% correct!

They then go on to say they have enclosed a further Section 172 for me to fill in which they haven't.

I called them, got cut off 4 times whilst on hold before evenetually speaking to them and they are sending the missing 172 out and a photo of the offence to which the girl on the phone laughed when I said "Does it look like a 46 yo baldish guy driving??? No it doesn't does it?"

They also require proof my overseas visitor was insured, here in the UK and more information relating to how they can track them down.... like giving them a home address isn't enough... probably isn't bearing in mind they can't remember to enclose a basic form they refer to in the letter!

Parasites!
What they are trying to do is show that if anyone tries to use this excuse (in your case it was real) they will investigate. Fair do if you ask me. In hindsight it would have been better to say you were sharing the driving that day, can you send me the photo. My friend did that, and heard nothing. Got away with it.
From now on, i will always ask for a photo.
Old 25 October 2011, 11:49 AM
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You're going down F1, I can see a 10 stretch easy!

Your bum is going to bleed every day
Old 25 October 2011, 11:50 AM
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If you have got or can get the insurance cover note to prove you had insured your foreign friend then there is nothing to worry about.

If you have complied with the first nip completed it and nominated your friend within 28 days. The police will try and bully you into giving in. Unfortunately they will take it as far as court to get you to give in. This is how desperate the police are for money.

You have to stand your ground.

Andy
Old 25 October 2011, 12:15 PM
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I have no issue with them investigating, but

a) they aren't, I am doing it for them.

b) the opening statement says I am either stupid or lying - which is close to libel in my book!

Don't worry as I will be standing my ground, but this is not the way the law should be. If instead of their stupid little camera van posting a letter they had a police officer stopping the speeidng vehicles none of this nonsense would be necessary.

Oh and as for the photo idea they state quite clearly in their initial letter that this is not admissable as evidence of who was driving!
Old 25 October 2011, 12:22 PM
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Originally Posted by urban
Happened to me not that long ago, American friend was doing 50 in a 40.

Send back with friends address - police didn't even bother writing to him.
Makes you think eh


TX.
Old 25 October 2011, 12:26 PM
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Give them nothing & see them in court. Will never get there imho. They've got some cheek to write that considering that they have no evidence to the contrary!

TX.

Originally Posted by f1_fan
Well this hasn't gone away after all.

Received a letter from police this morning which says

Neither of these two cases are true. The information I gave is 100% correct!

They then go on to say they have enclosed a further Section 172 for me to fill in which they haven't.

I called them, got cut off 4 times whilst on hold before evenetually speaking to them and they are sending the missing 172 out and a photo of the offence to which the girl on the phone laughed when I said "Does it look like a 46 yo baldish guy driving??? No it doesn't does it?"

They also require proof my overseas visitor was insured, here in the UK and more information relating to how they can track them down.... like giving them a home address isn't enough... probably isn't bearing in mind they can't remember to enclose a basic form they refer to in the letter!

Parasites!
Old 25 October 2011, 12:31 PM
  #18  
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Originally Posted by f1_fan
I have no issue with them investigating, but

a) they aren't, I am doing it for them.

b) the opening statement says I am either stupid or lying - which is close to libel in my book!

Don't worry as I will be standing my ground, but this is not the way the law should be. If instead of their stupid little camera van posting a letter they had a police officer stopping the speeidng vehicles none of this nonsense would be necessary.

Oh and as for the photo idea they state quite clearly in their initial letter that this is not admissable as evidence of who was driving!
This was the crux of the whole section 172. You had to incriminate yourself for a criminal offence(which speeding is), if you don't you are guilty of "failing to provide". This flies in the face of the right to silence.

S172 was constructed so the police didn't have to do any leg work in investigating a crime!!
Old 25 October 2011, 01:00 PM
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Originally Posted by f1_fan
Oh and as for the photo idea they state quite clearly in their initial letter that this is not admissable as evidence of who was driving!
If its inadmissable to prove who was driving, why do they think its admissable as proof of your speed? Feeky chuckers.
Old 25 October 2011, 06:27 PM
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PM me if you want any help-I'm a barrister who deals with cases like this on a regular basis.
Old 25 October 2011, 07:44 PM
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What do they mean by "has not been substantiated"? Have they followed up and decided your friend was not actually insured or in the country, or are they just saying they don't consider the insurance to be sufficient evidence? If the latter then it's difficult to see what you can do to prove you weren't driving, so if you're sure of your ground (and can get evidence of flights etc. from your friend as corroborating evidence) then you should tell them to take you to court.

You have complied with the law so far by filling in the NIP, and from here there is no legal requirement on you to say anything more until this reaches court.
Old 26 October 2011, 08:22 AM
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http://www.pepipoo.com/ may be of help....

Good luck dude!

how to garages go on when people that test drive cars get caught????

Last edited by Fleetster; 26 October 2011 at 08:23 AM.
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