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  1. This one is mysterious: friend of mine has a vehicle service and MOT garage business and has received a letter through the post from the Police entitled INTENTION TO PROSECUTE. The NIP (if that’s what it is) states the offence as driving a mechanically propelled vehicle without due care and attention on the public road and it lists a vehicle that was brought into the garage but they did not work on. It is addressed to the garage business and not to an individual; it says to identify the driver or any other information In short the car was brought in and there’s a note in the garage log that says ‘vehicle details and EML’ which means Engine Management Light. No invoice was raised for the vehicle and no work was carried out, it’s only a small garage and neither of the 2 mechanics drove the vehicle. One of them remembers the person bringing it in, the mechanic had a quick look and said it needed further diagnostics and gave the customer a card and the hourly rate, the Customer then left and never came back. How do they respond to this? They can’t identify the driver as no one drove the vehicle, also a notice of this kind cannot be via a camera so surely the driver was pulled over at the time? There’s no photo evidence in the letter. I reckon the car driver was pulled over by Plod, then went to the nearest garage to log a visit so he could say it wasn’t him driving.
  2. Just got a NIP in the post recently, 39 in a 30 zone. What's the likelihood of of avoiding 3 pts and being offered the speed awareness course? I'm clean, no points ever, in 30 years driving history. It was from Thames Valley Police in case that has a bearing. Lastly, I'm not sure if it was me or the missus at that time? We share a car and i'm 70% it was me but can't be 100% sure. Under the circumstances, I'm going to supply my details and take the punishment. Anything wrong with this approach? thanks
  3. I have received a NIP for for going 39 in a 30 zone, but im 99% sure i was only going around 34 or 35... Is it possible to challenge the Camera? IE. Its not functioning properly?
  4. Hello, i would greatly appreciate any advice and help with how to deal with my NIP I received yesterday. I will try to give you as much information as possible but as im new to this and its my first NIP i may overlook something so please forgive me. I was travlling at 83MPH on the A417 towards Swindon (just before it turns into the A419) I will state now i do admit to doing this and fully accept the responsibility but i hope i may have some luck on my side and may be able to get this overturned the letter states Offence Speeding - exceed 5/18/20/30/40/50/60mph limit for a good vehicle - manned equipment I have 3 questions regarding this; 1: Why have they listed all these speeds? 2: the speed limit on this road is 70 not 60mph, would this affect a conviction? 2: The letter states that the vehicle I was driving as a "goods vehicle" however, I was in my Ford transit which is less than 3000KG, again, would this affect a conviction? having read other forums i have seen a case where someone was let off because the speed limit was incorrect. My question is, due to the comments above, is there any advice you can give to help me respond to the NIP, which may allow me to overturn the conviction? Thank you all in advance Nic
  5. I received an NIP in late August early September for doing 36 mph in a 30 mph zone in July,got flashed by van. I admit that it was my fault and completed the document accordingly giving all of the required information and posted the form back to the relevant authority awaiting to hear what my punishment would be:|. I heard nothing until receiving a letter from the authority yesterday with my name incorrectly stated, requesting that I complete another NIP due to the fact that the original NIP was addressed to my company name as I operate from home as a sameday courier and my vehicle is leased. The covering letter from them states as follows: 'Thank you for returning the completed combined Notice of Intended Prosecution/Request for driver identity in response to the request by Sussex Police to supply information under section 172 of the Road Traffic Act 1988. Unfortunately you have completed the form in a way that does not satisfy the lawful request for information made by Sussex police. The reason for this is that the document was not addressed to you personally i.e. it was addressed to another person or a company. The person or company are required to nominate the driver at the time of the offence and then return the document back to Sussex police. On receipt of the combined Notice of Intended Prosecution/Request for driver identity,this office would send a request personally addressed to you as the driver,which must then be completed and returned. Therefore please find enclosed a new document now in your name,which you are required to complete and return within the specified period.' My point is that they admit to already having all my details on the original NIP form which I completed in good faith,it is not my fault that their letter was incorrectly addressed and I have never been in this situation before. I am inclined to return this 2nd NIP incompleted with a covering letter explaining my position as I fail to see why I should complete same again due to their incompetence. As I said they already have my details which I have fully disclosed so how can they accuse me of committing the offence of non disclosure if I return the 2nd NIP blank ?? Any advice/opinions would be greatly appreciated:-D
  6. Hi, My first letter after 15 years of driving (request for a driver details). Alleged offences - 1. driving propelled vehicle without due care (which i fully admit) and 2. failing to stop / leaving accident place without providing details - which i dont accept. Accident - in the morning rush hour tried to squeeze my bike in-between cars and went to outside lane to go around stopped car and had a slight collision with cyclist. Nothin major - cyclist had a few light bruises. I stopped, helped cyclist, called ambulance to check his bruises, provided him with my name, surname and mobile number. Waited till ambulance arrived and helped him in after which i left and spoke to cyclist twice later that day to check on him. At the ambulance they took statement of the collision, etc. and now i received this letter. How do i proceed with the second point since i did stop and provide my details. Thank you
  7. Hi there, Hope somebody can help? About a month ago/6 weeks? I was shocked to open a letter of intended prosecution, in relation to an alleged 'speeding offence' where I was caught on camera, doing 38 in a 30 zone. I was also surprised, that the paperwork, indicated that this had been the third notification, that had been sent to me and they wanted me to identify myself as the driver and plea by post - giving a time scale of 14 days or so, to respond. Failing to do so would result on the matter proceeding in Court anyway etc I gathered my thoughts and set about completing the relevant information and signing as required - returning promptly via post. I gave the matter no further thought really. However, to my horror - I have received notice from the Court that it had been dealt with, in the absence of my submission /prosecution papers. They have fined me £811.00 for payment straight away and 6 points on my license. I am mortified - I am in receipt of welfare/disability benefits and cannot afford to pay this money to the Court. Is there anything I may be able to do to rectify this situation, maybe write to the Court that have issued these penalties and explain circumstances and events - in the hope of their showing some leniency and perhaps amending the penalty and allowing me a reasonable time in which to pay this to the Courts? I really don't know where to start? Any hints or suggestions would be most appreciated. Many thanks in advance!?!?
  8. Well, I'm usually asleep by this time but totally stressed with a situation because of my incompetent husband. I received a NIP for a speeding offence in Oct 15, I am the registered keeper. As I wasn't the driver of the vehicle, I signed the form and dated it and gave it to my husband to fill in the details. At the time we were separated, so I left it at his and told him to deal with it. It's August now and god only knows the truth whats happened but one of his mates was called into court to fill in a statutory declaration because he wasn't driving the vehicle at the time. I've come to know now they're going to probably going to get in touch with me now for an explanation. I will tell them that my husband should have dealt with it, but will I be in trouble for this as I've never done anything wrong or been in trouble before So just to confirm, the original NIP was signed and dated by me but all other details were left to my husband to fill in.
  9. I have just received a letter requiring me to confirm name and address, intending to take proceedings, details are as follows . On Saturday 7/5/2016 I was returning from a friends business on an Industrial Estate at 12.02, I know the estate very well having WORKED for KODAK ltd for years on the same road. It states that I was travelling at 39 MPH on a 30MPH road on an INDUSTRIAL ESTATE on a SATURDAY morning with very little traffic on it (more about that later). I would like to point out I have been driving for years without any speeding offences, the car I was in is a Motability car that I had not long taken ownership of due to my problems with my spine. I was using the car as a familiarity exercise as I usually do with the change over , the time I have owned the car is approximately 2 to 3 weeks in that time one thing I noticed whilst driving on a motorway is that the speedo faces are different to my previous car Quashqui, which is one of the key items of driving and watching your speed. I have been up to that estate today to take photographs and check on the speed limit signs, NONE as there was no WARNING on the day in question of any "speed checks", I also noticed that as I was getting out of my car to take the photograph of Acornfield Road from The Gatehouse of Kodak, an articulated lorry went past and nearly forced me back into my car he was going that fast......NO CAMERAS about today. Also would like to point out that on my journey from home to the estate on the GPS on my car there were speed signs on all the roads I travelled on UNTIL I got onto the ESTATE and then NOTHING at all on any of the roads , especially Acornfield Road, this seemed s funny to me as with all my driving with this car until I have fully familiarised myself with the controls and instruments the GPS is on all the time , even though I have never used it until today for reference to the speed limits of different roads , Could I also point out that this vehicle is fitted with a Turbo that none of my previous cars had fitted so all the more reason for me to make fully aware of the vehicle I am driving now. I am going down to the dealer I got the vehicle off to take photographs of the speedo face in the Quashqui. I have been told by a friend I could get a "speed awareness course " in place of a fine and points, suppose this is the easy way out, but this annoys me due to the fact I have for months been complaining to my Local Councillor of the waste of Council Tax payers fund, that have been used to put 20MPH signs in my road, ( not an Industrial Estate ) but a residential area were cars are continuously doing in some instances 50 mph , maybe more, I have nearly been hit on a few occasions getting out of my car, also they come on you that fast even if when you check in the rear view mirror, To say that I am annoyed over this is an understatement , as I have been driving cars and riding motorcycles for over fifty years with only a few minor offences , none in my more mature years as I have adjusted my driving accordingly, when I was working at Kodak the lab. I worked in looked out onto that road and we used to look out at the traffic and it was used as was a lot of Industrial Estates by LEARNER drivers, because of the lack of traffic on those roads, Maybe this was a learning exercise for these camera operators as I think it rather strange to be doing this on an Industrial Estate instead of a RESIDENTIAL AREA. Undecided what to do, any suggestions, swallow my pride and go on the course
  10. Hello everyone, this is my first post and i need your advice please, thank you! the letter sent to my address was a form that titled with "duty to give information as to identity of driver". the form/letter was NOT signed, i.e. no signature from police officer who actually dealt with the case. is it still valid then? the letter was received just two days after the accident, which was a fault accident and no third parties involved, no person injured. also, online answers gave me the name of such form should be called "notice of intended prosecution", so the form I received is an NIP even it hadn't been titled with notice of intended prosecution?? thanks
  11. Hi, hopefully this is the right place to put this! today I received a letter from the BTP with a NIP asking for name and address of driver. It states 'This offence can be supported by photographic evidence from an offence detection device. The driver of vehicle *my vehicle* is alleged to have committed an offence contrary to one or more of the following offences under the Road Traffic Act, 1968. Failure to comply with a red traffic light signal at Nutbourne Level Crossing' I was driving with my boyfriend in the car also, as we were approaching the level crossing the light turned orange but it would've been too dangerous to stop (I was driving within the speed limit). We both only saw an orange light and no red light. I have never had any driving convictions etc, am a mental health nurse and points on my licence would not be great for me, especially for something that I do not think is fair as I mentioned, stopping would've been more dangerous. Just looking for any sort of guidance/help with what I should do! Thanks!
  12. I work as a van driver, doing home deliveries. A couple of weeks ago I delivered to one of two attached cottages along a narrow, unlit, unmade road. After completing the delivery I had to turn the van around, as my only alternative was to reverse around 100 yds back to the main road (I should point out that it was dark at the time). I completed the turn outside the cottages, as that was the only point wide enough, and drove to the end of the road, where I stopped for a few moments to work out my next route. I was then approached by the owner of the second cottage who informed me that I had reversed into his oil tank. After apologising and confirming that I was unaware of any contact, I gave him the "bump card" that we carry, which has the contact details of the Company, and he also took a photo of the registration number. He said he couldn't tell in the dark, if there was any damage, but would check the following day. I heard no more, and assumed that all was okay, but today I was informed by my manager that they had received an NIP for driving without due care and attention. I would have thought that this was purely a matter for the insurance company, and am surprised the the police can prosecute on the strength of one person's allegation, without even speaking to me, or being present at the time to witness it. Any thoughts?
  13. Hi there, Looking for advice on how to handle & respond to the following: Received NIP today 10th March 2016, the NIP was dated 9th March 2016 with the alleged offence occurring on 13th December 2015. Offence was 41 in a 30 zone. The wife was driving at the time. The wife has been the registered owner/keeper for about 4 yrs. The vehicle and plate have been registered at the current address for over 12 months. I've seen comments and advice about NIPs needing to be served within 14 days of the offence, which this is clearly outside, but what I wanted to know is what is my/wife's positon here, who should we write to and what should we say Many thanks in advance for any help Mr P
  14. Hopefully this is the correct forum, didn't know if it should go here or in the train section. I just got the following email from my work regarding the company car I drive: Background info about crossing: You drive down a small lane to the level crossing, which has white wooden farm style gates across that you have to open the one side, walk across the tracks, open the other side gates, walk back, get in car, drive through both sets of wooden gates, get out, walk over tracks, close far side gate, walk back over tracks, close near side gate, get back in car and drive off. On said date and about that time, I did this. I did not see any signage saying I need to phone anybody. After opening all the gates, I started driving towards going over the track, slowly nosing forward until I could see a train approaching, so I then rolled back into the road again (rolled slowly, not drove as train was far off). Train passed me at about 30-40mph with horn blaring (I assumed as warning he was approaching) and stopped about 100 yards further down the track, with what looked like a red signal light ahead of him in the distance. So now the NIP states I caused the train to brake by crossing the track. How? I crossed the track behind the train. At no time did my car cross the track infront of the train. Also, do not recall the signage, so I'm off in a few hours to take photo's of the crossing, as area is rather overgrown with bushes. Any advice further what to do when I receive the NIP?
  15. Hi guys. A friend just asked me to pop a question you guys here. He has recieved a NiP for exceeding the speed limit at around 10.30pm on 26/09/2015 Now he freely admits he was driving and will take whatever punishment it results in. What he wants to know is how far over the limit he was as the NiP is a bit weird. It states that he was speeding but here's the weird part. It says he was caught exceeding speed limit, but underneath just says 35 mph. It doesnt say thats how fast he was going, or if thats how much over the limit he was. It simply says along the lines of : The vehicle was caught exceeding the speed limit 35mph at 22:32:13 at 26/09/2015 Then the road name. speed limit there is 30 mph. it doesnt give a full description, just the general road name, but there are no fixed cameras in that area. What he wants to know is if that number is the speed he was doing, or the speed he was over by, as the wording is vague. If its the latter of the two, then he will likely need to start looking for another job, as it would mean a lot of points on his licence, and also the possibility o I've never even seen a NiP before, so i thought it best i come and ask here.
  16. Just received an NIP 40 mph in 30 zone. Address on the NIP is totally incorrect, but timing is correct. Offence site as detailed on the NIP is approximately 2 miles from the site where the mobile camera was used and the photo evidence taken. It is mistake on the offence location. Can anyone suggest best way to answer the NIP ?
  17. Just a quick question here If a car park is PRIVATELY owned and has barriers so that it may be closed to the public at any time. Does the RTA cover this car park? The story late august 2014 The partner of my daughter allegedly had a "bump" in the car park and did not know about it. The driver received the NOK asking for details of the driver under Section 172 Road traffic Act 1988 as amended by Section 21 RTA 1991 from the Police. This was duly filled in and returned by normal post. I think someone took the index of his car and passed it on to someone else. The police have said an offence Contrary to s172(3) RTA 1988 and schedule 2 of the Road Traffic Offenders Act 1988 has occurred. (no reply to NTO) My understanding of parking on private land the RTA does not come into force, as the signs clearly state the landowners will not be held responsible to any damage caused whilst visiting the site. This week the charge sheet was received by him and has been given a Court date. The Police are claiming that the A150/Section 172 form was not returned and duly sent a Court date (Mags). I have advance disclosure already (MG4E) and have drafted the response for him. In the Police witness statement they clearly state "I can offer no further evidence in to this collision and can only confirm that we did not receive back a completed A150/Section 172 form from Mr ************" So I have some questions 1. If no RTA is in effect then should this be civil? 2. If the S172 was "lost" is there a defence? 3. Police in their statement say no contact by phone from D, but D has proof of contact via itemised mobile phone bill to the Police that shows date time length of call 4. Why did the Police issue a NTO if on private land? 5. I have recommended that he speak to a Solicitor or (Duty Solicitor) This is time limited to 4 days as due to return the plea form to Court Thanks in advance
  18. Hi I have been caught speeding by a van hidden in bushes on a road close to where i work The speeding took place on a wide clear road with good visibility - It has no signs saying 30 & I always thought it was a 40 limit - Anyway that aside - the road was clear so i gave the car a Blast ! -- and the van obviously got me. The question is does the 14 day rule apply ? - I have read somewhere in past that the NIP must arrive within 14 days of the alleged offence . Hopefully this is correct and i get a second chance , at this speed 65 in 30 i will end up with a short ban and 6 points ... that will kill my insurance and probably my job.
  19. Missus got speed camera nip through with a section that allows yo to tick speed awareness course (if suitable) fixed penalty or court. My concern is it doesn't state the penalty or points you will get, is that legal? It also has warning that if you fail to reply to the s172 notice the penalty WILL be higher than the speeding fine, I thought both were max £1000 and 6 points?
  20. Hello, I've received the following NIP: Issue Date 12/8/2014 Date of Offence 22/7/2014 Time : 20:14 Location : M5 Jnc 16-17 Southbound S. Glos Offence : Exceed a variable speed limit 40mph - automatic camera device. The recorded Speed was 52mph I have no recollection of the offence but question the variable speed limit being 40mph on the M5 at 8:15 on a Tuesday night, there is nowhere on the NIP where you can view the evidence like some police forces do. This is a company car so explains the delay in me receiving the notice. I'm anxious to avoid this one as this takes me to 9 points and perilously close to a catastrophic ban. Any ideas for a defence? Many thanks,
  21. Hi - I received a NIP a couple of days ago. The offence took place on 30 June and the NIP was dated 16 July and postage stamp is 16 July (I have the envelope). I was the person driving the car when a speed camera must of clocked me doint 59 in a 50. My wife is the registered owner and the NIP is addressed to her. I know there is a 14 days rule which this clearly breaches, but can someone assist me in advising me what I should do? Do I ring them and tell them? or what? Thanks for your help? Bobby
  22. I have just received a NIP (Notice of Intended Prosecution) for doing 84mph on the M4 between J35 & J34 Now here is what actually happened; On Friday 4th July which was a bright sunny day I was traveling east along the M4 and as anybody who knows the area, at that particular stretch it starts to climb uphill, so to keep a steady 70ish (not 80ishor 90ish) I put my foot down to compensate for the hill. As I crested the hill my speed increased and I eased off the accelerator and took my sunglasses off. It was then that I noticed on the A4222 Cowbridge Road parked on a bridge going over the M4 a camera van, it’s the only bridge on that' stretch of motorway. Now, heres the thing, I knew that I had been doing 70ish climbing the hill so it goes without saying, on the cresting the hill, it wouldhave been late 70’s if it had climbed up to 84mph it can have only been for amatter of seconds. My understanding is the “Two Tenths Rule”, so using acalculator found here; http://www.calculatoredge.com/civil%20engg%20calculator/Speed%20Distance%20Time.htm 1,760 yards to the mile Divided by 10 = 176 Times by 2 = 352 352 yards (which is two tenths) at 84mph is 8 seconds Before you say “Fair Cop”, there is something that you should know, there were people passing me in the outside lane and it could have been the signal from their car that caught the speed activation.
  23. Ended up with a Notice of Intended Prosecution for doing 65 MPH on the M1. The NIP says the variable speed limit was 50 MPH. Seems a bit unfair given the normal speed limited of 70 MPH on the motorway, but life is unfair. I am 1 MPH over so I am not eligible for the speed awareness course. NIP Details and Circumstances What is the name of the Constabulary? - Date of the offence: - December 2013 Date of the NIP: - 11 days after the offence Date you received the NIP: - 12 days after the offence Location of offence (exact location as it appears on the NIP: important): - M1 Motorway, Northbound, Bedfordshire Was the NIP addressed to you? - Yes Was the NIP sent by first class post, second class or recorded delivery? - Not known If your are not the Registered Keeper, what is your relationship to the vehicle? - How many current points do you have? - 0 Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - NIP states I was going 65MPH and the variable speed limit was 50MPH. NIP Wizard Responses These were the responses used by the Wizard to arrive at its recommendation: Have you received a NIP? - Yes Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes Did the first NIP arrive within 14 days? - Yes Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes Were you driving? - Yes Which country did the alleged offence take place in? - England
  24. Hi My OH got a NIP the other day but it does not state what speed he was allegedly going. It states he was speeding on motorway where speed limit was reduced to 50mph due to roadworks but it was at 1.30am and the roadworks were in complete darkness. How can he admit speeding when they have not told him how fast he was going. Any advice please?
  25. In May, I took my family to Derbyshire for the day. During the day my wife and I both took turns driving. At some point we allegedly, drove 58mph in a 50mph zone passed a mobile speed camera. I have received a NIP and sent it back requesting photographs of the vehicle in order to identify who was driving at the time. I received the photographs which are of the rear of the car, and do not dhow the driver. I have written to the derbyshire police, and explained that I can not absolutely confirm who was driving the vehicle at the time of the alleged offence. (as we took turns driving and neither of us remember seeing a mobile speed camera, otherwise as would have checked our speed!). I have offered to take the blame for the offence, as I do not think it necessary to waste the courts time. I will accept the fixed penalty (and points if necessary) however if I state emphatically that I was driving I may be committing fraud as I am not certain. I have now received a letter "AS you are still unable to identify the driver at the time of the alleged speeding offence, the case papers will be passed to the Criminal Justice department for the consideration of instigating proceedings. As a result you may receive a summons to attend court". Now going to court will mean time off work, which will cost me more than £60, I want to avoid court. Do I simply write back to them and accept full responsibility even though I don't know if I was driving? Cheers
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