Noted
Intention of
Prosecution

I think

[Edited by Wurzel - 8/7/2002 11:08:01 AM]

Just received an NIP for doing 42 in a temporary >: 30 zone, somewhere in bedforshire. Whats the current status on these things? Any advice would be appreciatted

Paul M

i got pulled for exactly the ssame speed - 42 in a 30

3 points
£60 fine

:(

Paul,

If you got the NIP within 14 Working Days of the alledged offence you are stuffed, you have to sign and send back and get points etc.

If however you got the NIP outside 14 Working days of the offence, send it back (take a photocopy etc) explaining the fact that its outside the 14 day limit for NIP's - that does work trust me have done it myself and got away with 49 in a 30 after some tw@t in a M3 was chasing me for some reason - won't be doing that again methinks!

Where you flashed by a speed camera?

If so you will have been sent a NIP with a section that asks you to tell them whom was driving the car at the time. You are not obliged to tell them. The reason is that you human rights give you the right not to incriminate yourself. So you can decline to tell them whom was driving the car and send the NIP back. You will get a second letter telling you that due to lack of evidence you will not be prosecuted.

You may remember that in the recent past a Chief Constable did just this to avoid a fine. More recently a CID car that had been flashed avoided a fine because no one would admit to driving the car that day!

My friend got flashed recently in Scotland so we tried this procedure and it worked.

I will say that I am in favour of law enforcement of our roads but by the police in cars not little b*****d money boxes.

I thought they closed this loop hole and did the registered owner of the car for withholding evidence of a major crime :D:D:D

When they ask you who was driving the car at the time was picture was taken, tell them it was a friend from New Zealand who borrowed the car for a few hours whilst they were on holiday there. No prosection possible......it works. Loads of my mates have tried it.

I take it a NIP is not something that flew over Pearl Harbour.... and is a name for a speeding fine, but what does N I P stand for?

"This question was brought to you by the Childrens Television Work Shop :embarrased:"

Sorry, whilst they were on holiday HERE!!

Wurzel,

That is true, if you do not sign and not send the NIP back then the registered keeper will get up to £1000 fine for witholding information, BUT in my case the NIP arrived after 40 Days which is outside the regulations, I explained in my letter they could take me to court and I would represent myself, this was over 3 months ago now and counting, but if they did now take me to court I actually would not be bothered.

Dan

NIP = Notice of Intended Prosecution :)

Ta chaps.

This is the facts, my best friend is in the Police,

NIP - you have to have received it in the post within 14 days from midnight of the date of the alleged offence. - If you do not receive it in this time there is nothing they can do.

If you do get in 14 days, say you didn't, again, nothing they can do, they cannot prove that you did receive it because they aren't sent out recorded delivery.

Another tip, if you get pulled over by the police for speeding and they offer you a fixed penalty, take it. then about 13 days later change your mind, fill out the back and request to go to court. The reason for this is that 99% of coppers don't do the proper paperwork when they give you a fixed penalty, they just tear out the slip and post it off to the clerk of justices and consider it to be done. What they are supposed to do is fill out more paper work, the same as if you had requested straight away that you wish to go to court. what will happpen is about 3-4 weeks later the officer that pulled you over and gave you the fixed penalty will receive a letter back from the clerk of justices expliaining you changed your mind and now want to go to court, he would not have done the paperwork and therefore have no evidence, you now have a 1 in 50 chance of it ever making it to court, a gamble i consider worthy as you will not get any more points only a larger fine by about £50.

If this was true then everyone in the country would do it. I was under the impression that they can check their records and prove that it was sent out. It does not matter if you received it or not just the fact it was sent out is good enough for the courts.

Si.

I was slowing down from a 60 into a 30, obvioulsy dont think I did enough tho', going to ask to see the evidence, to see if it was actually me driving , might have been somebody else afterall.
It says it was a mobile unit, so fom this I assume a camera, since no one pulled the car over to stop the driver of the vehicle.

I dont think you can do the human rights thing anymore, but certainly ask for proof regarding the units use and calibration in acrodance to the regulations !
Bugger!

Paul :)

We've just recieved one here at work for one of our works vans. Choice of 12 people driving! The usual blah blah photo and/or video evidence to support etc..

I have narrowed it down to two of our men (a father and son) but the son says that as we drive all over the country on a very very regular basis he cant remember who was driving that night nearly two weeks ago.

So I was going to ring them up and talk to them, and ask what to do with it, and maybe request a copy of the photo/video to identify the driver. I cant fill it in and cant pass it to anyone who was driving, as they "cant remember"....

Wonder what they'll say?

btw the 14 day rule doesn't apply to company car drivers as they have to go to your company, then the lease company then you, don't think there is a limit then.

regards,

greg

The rule applies, but the NIP only has to get to the registered owner of the car within the 14 days + postage time. The amount of time the registered owner (the company) takes to inform the driver is immaterial.

The same applies to leave/hire cars, where the hire company is the registered keeper of the car.

A friend got an NIP through and rang and asked for the evidence.
They were surprizingly nice to him on the phone, yes that is your right no problem, and two days later he had a photocopy of the back of his car with his arm out the window and clearly the back of his head.. which is no framed on his wall...

Wonder what happens with blacked out windows though?
How can I tell if I cannot see etc..
Goes to the registered keeper I guess.

JGM :rolleyes:

It could be one of four people for me, it was probably me, but I wont own up to something until I'm sure it was me or theyve got proof beyond reasonable doubt, so I'll ask for pic and see what I get!


paul

I would say they could check the records on when the NIP was sent out, but I also would advise to keep all the paperwork, even the envelope in which it was sent cos that will have the post mark on it, thats what I used too :)

If you get all four people to pleady guilty to being the driver at the time, the police will have to drop the case. They can prosecute one person if nobody owns up, but they can't prosecute all four of you if you all own up.

Might be worth buying them a pint? :D

I tried the ignore it approach due to the fact that my car was regitered in my name at another address (long story, but totally above board) so I didn't think they would track me down.

Imagine my surprise when a copper knocked on my door at my home address to present me with a third copy of the letter which he wanted me to fill in there and then. I still have no idea how they got my home address.

It seems Cheshire Police have a specific unit for dealing with this kind of thing.

What happens if the vehicle is 'registered' to someone who doesnt have a license? ...like your 8 year old daughter...or your granny? ;)

DazW
'94 ST205 WRC

Then they'll get done for driving without a license, insurance etc. unless they grass the real driver up