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NIP not driving
ljwats
post Tue, 24 Apr 2018 - 20:14
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I am posting this in need of help.

I remember 3 years ago receiving (what I think back was an NIP) with a photo of my car going over a red light. I am the registered keeper and owner of the vechicle

I was not driving (my partner was) so I sent it back with his name his address. I heard nothing else. I presume they had sent it within 14 days of offence. I sent this back straight away

My partner did not receive any correspondence at all at his address

His employed has now been instructed to take £461 and £500 directly from his bank account (one last month and this month)

He knew nothing about this until his received his last may packet to his surprise.

He has called the DVLA today who has said it was from April 2015

MS90: Failure to give information as to identity of driver etc
Penalty points: 6 Fine: £660.00

I did give them his details, he never received anything to say he was being fined or that it was going to court .... Help... what can he do? The fine seems to also have added £300 extra pounds on .

This post has been edited by ljwats: Tue, 24 Apr 2018 - 20:18
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post Tue, 24 Apr 2018 - 20:14
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Jlc
post Wed, 25 Apr 2018 - 16:39
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QUOTE (southpaw82 @ Wed, 25 Apr 2018 - 14:00) *
If he’s not contesting the s 172 offence (i.e. he intends to do a deal) then it’s irrelevant whether the s 172 notice was sent or not.

Indeed. But if one wasn’t sent (or received) then they don’t have evidence as to the driver and there’s possibly a defence. Unlikely and risky but I suspect the OP is exploring options.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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southpaw82
post Wed, 25 Apr 2018 - 17:14
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QUOTE (Jlc @ Wed, 25 Apr 2018 - 17:39) *
QUOTE (southpaw82 @ Wed, 25 Apr 2018 - 14:00) *
If he’s not contesting the s 172 offence (i.e. he intends to do a deal) then it’s irrelevant whether the s 172 notice was sent or not.

Indeed. But if one wasn’t sent (or received) then they don’t have evidence as to the driver and there’s possibly a defence. Unlikely and risky but I suspect the OP is exploring options.

I don’t. I think they’re just curious, as per the above post.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Logician
post Wed, 25 Apr 2018 - 18:59
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QUOTE (ljwats @ Wed, 25 Apr 2018 - 13:56) *
Would he need to make a FOI request to the police force in question for their records of letters sent ? If not do you know who he would need to contact please


There is an exemption in respect of law enforcement, although it is a qualified exemption I think it would apply to information in relation to a current case, so I do not think it would be available under FOI, although if he pleads not guilty it would form part of the case for the prosecution and should be disclosed.



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cp8759
post Thu, 26 Apr 2018 - 09:06
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QUOTE (ljwats @ Wed, 25 Apr 2018 - 13:56) *
Would he need to make a FOI request to the police force in question for their records of letters sent ? If not do you know who he would need to contact please

An FOI request will be refused as FOI makes the information available to the world at large, the information includes sensitive personal data of the data subject, and for this type of data is exempt from the Freedom of Information Act by virtue of section 40. He would need to make a subject access request under the Data Protection Act instead.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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disgrunt
post Thu, 26 Apr 2018 - 11:21
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As the OP’s partner was convicted in absence surely the evidence used to convict will be available to them and they can just request it?

Once they have it they can see which of the 3 options it was:
1-OP provides wrong address
2- OP provides correct address and camera partnership mid transcribed
3- Correct address used and OP’s partner never received

If 2 then the Partner has a solid defence, if 1 a reasonable shot but might bring unwarranted interest on OP (ie was it deliberate). If 3 the partner offers the plea bargain
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