NIP not driving |
NIP not driving |
Tue, 24 Apr 2018 - 20:14
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#1
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New Member Group: Members Posts: 8 Joined: 14 Jan 2017 Member No.: 89,647 |
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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Tue, 24 Apr 2018 - 20:14
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Wed, 25 Apr 2018 - 16:39
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#21
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Member Group: Members Posts: 41,510 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
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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Wed, 25 Apr 2018 - 17:14
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#22
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
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. -------------------- Moderator
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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Wed, 25 Apr 2018 - 18:59
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#23
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
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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Thu, 26 Apr 2018 - 09:06
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#24
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- 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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Thu, 26 Apr 2018 - 11:21
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#25
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Member Group: Members Posts: 634 Joined: 8 Dec 2012 Member No.: 58,778 |
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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Lo-Fi Version | Time is now: Friday, 29th March 2024 - 09:18 |