Verbal NIP but reply not recorded |
Verbal NIP but reply not recorded |
Tue, 24 Jul 2018 - 09:31
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#1
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New Member Group: Members Posts: 5 Joined: 24 Jul 2018 Member No.: 99,042 |
Hey All,
So I got pulled over for Careless Driving on a roundabout (I was in the wrong so I accept that) However its my understanding that the officer thats issuing the NIP has to record my reply after its been given? The TOR I received does not have my reply (nor do I actually remember replying) Specifically, on the traffic report the NIP is ticked but nothing is recorded for Reply after caution. Does this have to be filled in? Thanks |
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Tue, 24 Jul 2018 - 09:31
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Tue, 24 Jul 2018 - 09:40
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#2
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
You said nothing, nothing is recorded, simples!
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Tue, 24 Jul 2018 - 09:53
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#3
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New Member Group: Members Posts: 5 Joined: 24 Jul 2018 Member No.: 99,042 |
So do they HAVE to fill out that part?
Without it is the NIP invalid? I dont remember replying but not really sure LOL This post has been edited by snoopsnek: Tue, 24 Jul 2018 - 09:54 |
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Tue, 24 Jul 2018 - 09:54
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#4
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
So do they HAVE to fill out that part? Without it is the NIP invalid? I dont remember replying but not really sure LOL If you said nothing, then there's nothing to report! -------------------- |
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Tue, 24 Jul 2018 - 09:55
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#5
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Member Group: Members Posts: 41,505 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
So do they HAVE to fill out that part? Without it is the NIP invalid? No and no. -------------------- 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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Tue, 24 Jul 2018 - 09:55
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#6
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Member Group: Members Posts: 13,735 Joined: 22 Oct 2007 Member No.: 14,720 |
Without it is the NIP invalid? You received a verbal NIP, not written. -------------------- |
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Tue, 24 Jul 2018 - 10:16
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#7
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New Member Group: Members Posts: 5 Joined: 24 Jul 2018 Member No.: 99,042 |
So is my understanding that they have to record my response incorrect? If not then how do they record it?
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Tue, 24 Jul 2018 - 10:31
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#8
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Member Group: Members Posts: 1,547 Joined: 17 May 2010 Member No.: 37,614 |
Replies to caution are rarely used as any part of evidence so pretty irrelevant. But if you said nothing, what are you expecting to be recorded ?
Maybe clutching at straws a little here .... |
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Tue, 24 Jul 2018 - 10:47
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#9
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Member Group: Members Posts: 41,505 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
The CTO will process the TOR and then issue an offer (course or fixed penalty) or for it to go straight to court.
You either accept the offer without prosecution - or you can choose to take the matter to court (unless it's going there anyway). You will have the option to plead guilty or not guilty. At this stage the TOR is irrelevant. But I suspect you weren't actually cautioned? (And simply received a verbal NIP) Either 'You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence' or more like 'You will be reported for consideration of the question of prosecuting you for this offence'? This post has been edited by Jlc: Tue, 24 Jul 2018 - 10:48 -------------------- 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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Tue, 24 Jul 2018 - 10:53
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#10
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Member Group: Members Posts: 56,197 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
A NIP is a Notice, no reply is needed nor invited, so any response is a nullity and need not be recorded.
If you were cautioned and said something the officer only needs to record things which you say which are relevant, if you said nothing relevant he need not record it. -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 24 Jul 2018 - 10:54
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#11
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New Member Group: Members Posts: 5 Joined: 24 Jul 2018 Member No.: 99,042 |
The CTO will process the TOR and then issue an offer (course or fixed penalty) or for it to go straight to court. You either accept the offer without prosecution - or you can choose to take the matter to court (unless it's going there anyway). You will have the option to plead guilty or not guilty. At this stage the TOR is irrelevant. But I suspect you weren't actually cautioned? (And simply received a verbal NIP) Either 'You do not have to say anything but it may harm your defence if you do not mention now something you later rely on in court, Anything you do say may be given in evidence' or more like 'You will be reported for consideration of the question of prosecuting you for this offence'? Something along those lines yeah. Dont fully temember as so much was going through my mind (first time ever stopped). Guess i just have to accept what ever comes through. Any chance he wont push it through? LOL |
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Tue, 24 Jul 2018 - 11:06
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#12
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Member Group: Members Posts: 56,197 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
None at all.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 24 Jul 2018 - 11:45
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#13
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New Member Group: Members Posts: 5 Joined: 24 Jul 2018 Member No.: 99,042 |
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