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[NIP Wizard] 2 speeding tickets on same day yet my car was at home
TJ680
post Mon, 14 Jan 2019 - 22:06
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - December 2018
Date of the NIP: - 28 days after the offence
Date you received the NIP: - 29 days after the offence
Location of offence (exact location as it appears on the NIP: important): - at 1.22am A616(T) west 880m past A61 island 1.77km Barnsley and 00.04am
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? - motor trader car was insured and taxed by me
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 - i was at home at the time of the offence only other people insured to drive it were home car was outside my house and the key was with me i received 2 NIPS one 00.04 and 2nd at 1.14 same road yet the car was outside my house i live about 40 miles from barnsley i contacted them they asked for photos i sent them but they are not satisfied my that my car was cloned or that there was a mistake in the reading of the registration number please help i am at my wits end

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? - No
Was there a valid reason for the NIP's late arrival? - 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? - No
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Mon, 14 Jan 2019 22:06:44 +0000

This post has been edited by TJ680: Mon, 14 Jan 2019 - 22:08
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post Mon, 14 Jan 2019 - 22:06
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Redivi
post Wed, 16 Jan 2019 - 11:16
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Perhaps, also, because providing the recognisable photograph of a "crime-committing driver" of a different vehicle would be the "personal data" of a third party under the DPA?

Wouldn't that come under the exemption for data processed in connection with judicial proceedings ?
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cp8759
post Wed, 16 Jan 2019 - 13:28
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QUOTE (Redivi @ Wed, 16 Jan 2019 - 11:16) *
Perhaps, also, because providing the recognisable photograph of a "crime-committing driver" of a different vehicle would be the "personal data" of a third party under the DPA?

Wouldn't that come under the exemption for data processed in connection with judicial proceedings ?

The recipient of the first s172 is not a party to any judicial proceedings at that stage. I'd also say that it doesn't just need to be a recognisable photograph of a "crime-committing driver", even a photo of the number plate could not be disclosed because it is data that has been captured for crime detection purposes, sending that information to someone who isn't a member of law enforcement or the judiciary would be using the information for a purpose other than that for which it was collected. That would amount to unlawful processing of sensitive personal data.


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southpaw82
post Wed, 16 Jan 2019 - 14:11
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QUOTE (Redivi @ Wed, 16 Jan 2019 - 10:44) *
Isn't it the case that, when the registered keeper denies the car was there, it's for the police to prove on the balance of probabilities that it was ?

Mohindra v DPP


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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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TJ680
post Sat, 9 Feb 2019 - 12:39
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Hi just to give an update both the nips cases have been dismissed i told them i was at home at the time of the alleged offence and as far as i was aware the car was parked outside I then asked for photo evidence to help assist them in their enquiries they wrote back saying their photos were not clear enough to identify the drivers so both the cases are discontinued
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666
post Sat, 9 Feb 2019 - 14:05
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QUOTE (TJ680 @ Sat, 9 Feb 2019 - 12:39) *
Hi just to give an update both the nips cases have been dismissed i told them i was at home at the time of the alleged offence and as far as i was aware the car was parked outside I then asked for photo evidence to help assist them in their enquiries they wrote back saying their photos were not clear enough to identify the drivers so both the cases are discontinued


Good result for you, but that makes no sense. Can you post the letter (remove personal details) or at least quote the precise words used?
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Ocelot
post Sat, 9 Feb 2019 - 15:26
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That's an excellent result, but also quite unusual. Maybe they realised they misread the number plate and didn't want to admit it?
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