Any police officers here? Question about NIP

Guru

Guru

Guru

Soldato
Joined
8 Jun 2005
Posts
5,275
Revieved a notice of intended prosecution today for....

(1) Failing to comply with solid white line markings in road (contrary to section 36, Road Traffic Act 1988)

(2) Driving without due care and attention (contrary to section 3, Road Traffic Act 1998 and Schedule 2 to the road traffic offenders act.

Now the questions I have are these...

Am I entitled to ask for proof?

Is it possible that someone who doesn't like me has reported me to the police for doing something I've not done and it's resulted in this form being sent?

What are the possible penalties?



The reason I ask is that the offence supposedly happened on the 6th of March which as many of you will know is the date I was in hospital with my Mrs whilst she was giving birth to our beautiful baby boy.

The registration is for my car and no-one else drives it.

There are sections on the form to fill in. One says I was the driver and I have to give my liscence number, another is there to say who was driving, another is for if I'm from a hire company and the final section is for if I'm unable to give the requested information.

There is no section for "I think this is BS"

I've not filled this in at all yet but I am quite worried cause I drive for a living and I need to keep doing so to support my new family.


Cheers,

G
 
It is possible someone has false plates made up with your reg on it

If you were indeed in hospital that will be your defense, if you can prove it that is

No point telling that to the police, our job is to submit a case with what evidence we have

It will be in court you will need to explain, and they will ultimately decide what happens
 
If you're 100% sure you've done nothing wrong then let it go to court. It will be in court the police have to submit the evidence they have (if any). IIRC they don't have to show you any evidence before going to court.

I'm not sure how they can know you've committed those offences without actually seeing you and if they did see you why didn't they pull you over at the time?

If they've sent an NIP I would guess they're 'offering' you 3 points and a £60 fine
 
Guv said:
If they've sent an NIP I would guess they're 'offering' you 3 points and a £60 fine
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No.. they send you a NIP and then after they receive it (your details) they then may offer you a out of court solution..

TBH id go down to the hospital ASAP and make sure you make sure they remember you were there ie get nurses/doctors names as if it does goto court it could be awhile and they might forget about you (the doctors that is)
 
Guv said:
If you're 100% sure you've done nothing wrong then let it go to court. It will be in court the police have to submit the evidence they have (if any). IIRC they don't have to show you any evidence before going to court.
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IF you get a lawyer they can demand to see the evidence before it goes to court.
 
Crossing the white line I've been told is a biggie insurance wise. A mate of mine was pulled for speeding and crossing a solid white line the copper gave him the choice of which of the two he fancied. He foolishly took the white line and got 6 points and a fine.

Careless driving carries a huge range, only a solicitor can really guide you on penalty. 3 points to a ban and upto a 1000 fine dependant on earnings.

Personally I reckon your looking at 6 points and a small fine. Your best bet is to get a solicitor for guidance and advice. They can they request the evidence.
 
Unless the form states exactly where and at what time of day those questions are unanswerable (they wont know your the only driver).
 
it does state where and what time.

it says it was in oxfordshire!

Supposedly 5 minutes after I left a hospital in High Wycombe!!
 
These type of offences would normally result in you being pulled up at the time, this sounds very dodgy

similar happened to a mate a few years ago, turns out someone had been stopped and had given his name and address to the police
 
probably penalties are 3 points and £60 for the whilte line

due care and attention 3-9 points ( lower being the more usual ) , fine £60-300 ish

another wierd thing is that, it these were related to the same thing you would normally be prosecuted for one or the other

going to move to motors as I think you will get better responses in there
 
If you were pulled over at the time would they then send an NIP through the post aswell? If so then could someone not only have cloned his plates but also have his name and address and have given that to the police at the time, or is this a bit far-fetched?
 
happytechie said:
Is there an option on the NIP to send it back saying that you were not there at the date / time and neither was your car?

Paul
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Sadly no.

frakker said:
Does it say whereabouts in Oxfordshire? It is possible to cross the border into Oxfordshire from Wycombe in a relatively short amount of time?
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It says A4130 Gangsdown Hill, Nuffield, Oxfordshire.

I have put this into my Sat Nav and it comes up as being 32 minutes away from the hospital.
 
I had almost this, although to be fair never actually recieved a NIP, just a nasty letter from the local constabulary and a million phone calls asking for me to go incriminate myself :confused:

They had received a complaint from an old whinge-bag that I had driven dangerously at around 11:30 PM one night a few years back (in reality I had overtaken them on a country lane - witnesses could have proven this if necessary), and they obvioulsy took offence. Anyway I digress, it is 100% possible for this to be the result of complaints about your driving, although if they have actually sent you a NIP, I would assume that they at least have some compelling evidence (maybe a copper saw you etc).
 
Guru said:
Sadly no.



It says A4130 Gangsdown Hill, Nuffield, Oxfordshire.

I have put this into my Sat Nav and it comes up as being 32 minutes away from the hospital.
Click to expand...

Did you drive down this road on that day on your way home?
 
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