Any police officers here? Question about NIP

[Guru]

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

 

[Guru]

it does state where and what time.

it says it was in oxfordshire!

Supposedly 5 minutes after I left a hospital in High Wycombe!!

 

[Guru]

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

Sadly no.

Does it say whereabouts in Oxfordshire? It is possible to cross the border into Oxfordshire from Wycombe in a relatively short amount of time?

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.

 

[Guru]

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

No, I live in High Wycombe.

As far as I am aware there is every chance that I've NEVER driven down this road in my life. I don't even think I have EVER driven to Oxford.

 

[Guru]

Personally what Id do, is go to the copper shop and talk to someone in the know.

With a newborn baby to look after, going to the copper shop is easier said than done.

I have drafted this letter...

Sergeant *****,

I am writing to you because I received a notice of intended prosecution yesterday 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.

I am a little confused and very concerned about this. It states on the form a time/date and a place as follows:

AT 09:05pm on Tuesday 6th March 2007

AT A4130, Gangsdown Hill, Nuffield, Oxfordshire

What confuses me is this; although this vehicle is registered in my name, and I am the only driver of it. There is no possible way me or my vehicle could have been in a town in Oxfordshire on a road I have never heard of at this precise day or time. The time seems ambiguous because it says 09:05 but also says PM; when 09:05 would be AM and 21:05 would be PM, regardless of this ambiguity there is no possible way I could have been there that particular day.

Allow me to explain; on the morning of the 6th of March 2007 I was awoken at around 05:30am with a call from my girlfriend, ***** ******, saying that she had gone into labour. I Rushed down to the High Wycombe General Hospital as soon as she was moved to the Labour ward and at 08:08am our beautiful baby boy was born. I then stayed in the hospital with her and our newborn son until 12:00pm when I was asked to observe visiting hours and go home. I returned at the start of the next visiting hours at 14:30pm and stayed with ***** and our son until 21:00pm when again I was asked to observe the visiting hours and go home. ***** and our son were kept in over night under observation and I was allowed to return the next day (7th March) at 10:30am when visiting hours resumed.

Now as you can see, at 09:05am on the 6th I was in the hospital and at 21:05pm I had only just left. On putting the address on the notice into my Sat Nav it says it takes 32 minutes to get from the hospital to that location. So even if I had reason to be in Oxfordshire that night I would not have been able to get there within 5 minutes of leaving the hospital, it’s simply not possible.

What concerns me is this; I have spoken to a few people about this and their responses have worried me slightly. They say that for me to have received this notice of intended prosecution that whoever was pulled over for this offence in Oxfordshire may have had false plates on a similar car to mine and also given my name and address to the officer who questioned them!! Is this possible?

This is EXTREMELY concerning to think someone could be driving around recklessly pretending to be me! I don’t really know what to do now, there is no section on the notice of intended prosecution to say that I was not there and neither was my car. So I don’t really know how to complete the form which at present remains uncompleted in my possession.

Someone also told me that it is possible that someone with something against me may have phoned the police and told them that I was driving erratically in Oxford that night just to get me in trouble. Is this also possible?

I would appreciate being sent copies of what evidence you have as proof that this incident ever occurred as I’ve been told that there are such things as fake/joke notice of intended prosecution forms. Is it possible that this is some sort of prank? If it is then it is clearly not very funny!

I am extremely unhappy about this. I don’t want to be held responsible for something that I didn’t do. I drive for a living and I certainly can’t afford to have any endorsements on my license especially for an offence I simply didn’t commit.

Obviously I am able to provide proof that our baby was born on this day and I have many witnesses to the fact I was in the hospital throughout. I enclose a statement signed by hospital staff that were on duty that night on the ward where we were, stating that I was in the hospital until I was asked to leave at 21:00pm like everyone else.

I would greatly appreciate a quick response from yourselves to put my mind at rest, as you can imagine we are going through a stressful time at present looking after our first baby and this has added a lot of stress to our current situation.

Thank you for taking the time to read this letter.


Yours Sincerely,

And will send this with it:

To whom it may concern,

I hereby confirm that Mr. **** ******, the registered owner of vehicle R???*** was present here on Ward 9 in High Wycombe General Hospital on Tuesday the 6th of March until the end of visiting hours at 21:00 visiting his girlfriend Miss ***** **** ****** who gave birth to their son **** ***** ****** at 08:08am that morning. Both mother and baby were kept in overnight. Hospital visiting hours are to be observed at all times and as such Mr. ****** was asked to leave at 21:00 with the other visitors.

I certify that I work at High Wycombe General Hospital on Ward 9 and this statement consisting of one page is true to the best of my knowledge and belief.

Yours Sincerely.



Signed: Printed:

 

[Guru]

Just to let you know, the NIP is what they officer is thinks you are guity of. It will be reveiwed. This is what happened when i was given a verbal NIP.

You will probably most likely just get prosecuted on one of the charges depending how serious they claim it to be in light of the evidence they have.

In your case, no evidence, as you were not at the scene when the incident happened! So your in luck!

When you say the officer, does it defo mean an officer saw and possibly pulled over someone driving a car with my plates on? and not that some bugger has reported me for something just to stitch me up?

What if they have evidence in the form of a photo of "my" car. Same plates etc... the whole thing is a bit worrying. What if someone really has a car made out to look like mine and is ragging it round?

Crazy stuff really!

Probably best not to mention that you "rushed" to Wycombe General Hospital in your car either.

I've changed rushed to went.

Is the letter ok though do you think?

Cheers,

G

 

[Guru]

I presume in your case, the officer who took the report or saw you?

Well obviously no-one could have seen "me" but would the police really send out a NIP just on some random schmo's say so?

 

[Guru]

Yes apparently some constabularies do!!

My wife recieved an NIP for driving without due care in Glasgow, at the same date and time we were both in Mexico on holiday.

When we got home and found the NIP and contacted the police to ask what was going on, they said a member of the public had given them info including a partial number plate and car colour, about some one driving erractically, in Glasgow city centre.

Needless to say once they saw our holiday booking forms etc, they withdrew the NIP and no further action was taken.

But does go to show, that they don't have to have, hard and fast evidence to issue NIP's.

That's absolutely crazy!!

You basically mean to say that I could phone the police right now and tell them that I saw a Ford Focus driving dangerously and give them my mums reg and car colour and they would actually try and give her a motoring conviction! Thats absolutely disgusting!!!



/edit just re-read your bit "partial"!!!!!!!!! beggars belief

 

[Guru]

Even if a member of the public has reported you a good solicitor can discredit it, as I found out myself.

If they are paying such close attention to you, then they arent paying enough attention to their own driving. Therefore they are not a good enough driver to judge you.

Sounds madness, but thats what happened to me.

Able to give any more details? offence etc? Actual NIP?

 

[Guru]

I dont really want to on an open forum because it involves me and usually would end up with a load of people coming with judgements. It was only a few months ago and a good friend died. So I really dont need a load of internerds telling me where I did or didn't go wrong until it's all over.

What I will say is both my insurance company and solicitor said driving witnesses are easily discredited on the grounds I stated. My charge is for CD.

Trust me I understand your worries on your liscense and the worry this causes. Best of luck to you, you sound like a nice bloke whose main concern is for his son and family rather than himself.

Again good luck

I totally understand. Sorry if I've upset you or anything.

Thanks for the well wishes mate

 

[Guru]

I was thinking that.. if I was a copper I'd be thinking

yes

yes

yes

don't care

don't care

lost interest....

What you need to say is

I have received NIP ref x, I was physically incapable of being there because I was at the hospital with my partner and our recently born child. I can supply witnesses if required.

please can you supply me with any evidence you have s I believe your claim to be inaccurate and should you feel the need to take this to court I will defend it vigorously.

yours

blah

all that nonsense about beautiful baby blah and very concerned about blah.. whilst totally true is just waffle that will stop a duty officer getting the the point.

On a different note, a friend of mine had a rude awakening when the feds turned up to tell him they had recovered his car which they had chased and stopped full of ******, it was made more suprising because his actual car was on the drive when they turned up. What they had stopped was a clone, it happens. And more than you might think, your case fits the pattern, a clone, quite close to home (they have to see your car to clone it) being driven like a tit.

What sort of car is it?

lol true I tend to write to much!

There is no reference number on the NIP.

Its a Green VW Golf TDI

 

[Guru]

there's bound to be some sort of reference.. if there's no reference it never happened tbh.

in fact if there's no reference then I'd say it was a scam.. every time (too regular for comfort) I've received an nip its had references all over it.

I've had one before for driving without due care and attention when I wrote of my 1st car, it had a huge reference number on it. This one has a space for it but its blank.

 

[Guru]

been trying to post on that five-0 forums since someone linked to it, but it always says im waiting activation

I'm gonna go down to the hospital and get someone to sign that statement tomorrow. Just hope they remember me its been like 11 days.

 

[Guru]

Well that didn't go so great, just got back from the hospital and there was no-one on who was working on the 6th.

There was one woman who I recognised that also recognised me, but she was only working on the night before my son popped out.

They also said anything like this has to go thought management we are just lowly minions or something to that effect.

Basically I've not got anything signed to say I was there.

They have given me a telephone number for the management of the ward though, to call on Monday. Don't know how they can help though cause they won't have seen me themselves

I did notice there is CCTV in the hospital though, but I don't know if that could help or if it would even be looked into over a traffic offence.

 

[Guru]

I've shortened the letter down to one page and not included the bit I've not managed to get signed...how does this read to you guys?

Sergeant Ellis,

I am writing to you because I received a notice of intended prosecution yesterday which I have enclosed. I am a little confused and very concerned about this. It states on the form a time/date and a place as follows:

AT 09:05pm on Tuesday 6th March 2007 on the A4130 in Oxfordshire

The time seems ambiguous because it says 09:05 yet it also says PM but either way, on the morning of the 6th of March 2007 at around 0530hrs I was called into High Wycombe Hospital where my girlfriend, Karen Wilson, had gone into labour. I went from our home in Widmer End to be present for the birth of our baby boy at 0808hrs. I stayed in the hospital until 1200noon when I was asked to observe visiting hours. I returned at the start of the next visiting hours at 1430hrs and stayed with Karen and our newborn son until 2100hrs when again I was asked to observe the visiting hours. Karen and our son were kept in over night under observation because our baby was premature and I was allowed to return the next day (7th March) at 1030hrs when visiting hours resumed.

I am extremely unhappy about receiving this notice. I don’t want to be held responsible for something that I didn’t do. I drive for a living and I certainly can’t afford to have any endorsements on my license. I would appreciate being sent copies of any evidence you may have regarding this notice.

Obviously I am able to provide proof that our baby was born on this day and I have many witnesses to the fact I was in the hospital throughout; including both family members and hospital staff.

I would greatly appreciate a quick response from yourselves to put my mind at rest, as you can imagine we are going through a stressful time at the moment looking after our first baby and this has added a lot of stress to our current situation.

Thank you for taking the time to read this letter.

Yours Sincerely,

 

[Guru]

1: I've never heard of a prosecution based purely on an untrained observers opinion for a road traffic offence.
2: So if they do have video or other eveidence which I'd assume, it will be thrown out of court because of the error in the time data ie 09:05PM
3: As suggested I'd ignore it until you get a summons which is somewhat unlikely.

The only problem I'd have with 3: is that on the form it says that I can be prosecuted for not responding with details of the driver within 28 days.

Do you honestly think this 09:05pm would chuck it out of court?

p.s. are you a police officer or something?

 

[Guru]

Cut the stuff about the time out becuase it's incorrect, 09:05PM *is* a valid 12 hour format time.

The NIP form is supposed to be filled in in 24 Hour time.

 

[Guru]

They why did you put 09:05pm if you knew it has to be 24 hour time?

Because I am not the police officer who filled it in?

HE put 09:05PM which is technically not correct.

I've asked another police officer and been told that they are supposed to be filled in in 24hr time.

This one has not been.