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Application for Name and Address - Section 172
7builder
post Thu, 12 Apr 2018 - 10:04
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Good morning all,

On Monday 9th April I received the attached letter from Gloucestershire Constabulary which I initially thought was a NIP but having used the NIP Wizard I am no longer sure. If it is a NIP then it arrived 15 days after the alleged event having been sent on Friday 6th April by 1st class post.

I have concerns about the content and information in the letter as it refers to an event at a supermarket car park but does not state a time which is going to be difficult to determine who out of the 3 possible drivers were driving at the time. The letter also asks me to return the details of the driver in the stamped addressed envelope enclosed but there wasn't one provided. Then going on to the part where I am supposed to fill in the driver details (section B) there is a statement at the bottom that refers to Section A and B but there is no section A anywhere on the form.

How should I proceed with this as I am fully aware of the consequences of not complying with section 172 but there are so many inconsistencies with the letter I have been sent?



This post has been edited by 7builder: Thu, 12 Apr 2018 - 10:13
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post Thu, 12 Apr 2018 - 10:04
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7builder
post Thu, 12 Apr 2018 - 15:34
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QUOTE (The Rookie @ Thu, 12 Apr 2018 - 16:12) *
No nip is required for ‘motor racing or trial of speed’.

But it is for other offences as stated on law on the web's web site......

You must be informed via a NIP before you can be charged for certain driving offences. These include:

dangerous driving
careless and inconsiderate driving
speeding
leaving a vehicle in a dangerous place
failing to comply with a traffic sign

As the letter states inconsiderate driving on 25/03/18 surely they now fall foul of the 14 day rule?
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The Rookie
post Thu, 12 Apr 2018 - 15:55
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Only for that offence or another needing a NIP, if they chose to prosecute you for an offence that doesn’t need a NIP then of course they can. (Success is a different matter).

This post has been edited by The Rookie: Thu, 12 Apr 2018 - 15:55


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Logician
post Thu, 12 Apr 2018 - 19:34
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The OP is alleged to have been arsing about in a car park, drifting and wheel spinning, the charge needs to be relevant to that. Motor racing or trial of speed requires more than one vehicle and a public road, so is not appropriate.


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The Rookie
post Fri, 13 Apr 2018 - 01:32
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We don’t know there weren’t two cars.....


--------------------
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 8-0 PPC's
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666
post Fri, 13 Apr 2018 - 06:32
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QUOTE (The Rookie @ Fri, 13 Apr 2018 - 02:32) *
We don’t know there weren’t two cars.....


But we do know it wasn't on a road ...
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The Rookie
post Fri, 13 Apr 2018 - 07:45
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Good point.


--------------------
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 8-0 PPC's
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NewJudge
post Fri, 13 Apr 2018 - 07:45
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QUOTE (666 @ Fri, 13 Apr 2018 - 07:32) *
But we do know it wasn't on a road ...

But it was almost certainly in an "other public place". Not sure if "Inconsiderate Driving" (if that what the charge turns out to be) can be committed in an "other public place". I expect so. The problem I see for the Constabulary is that nowhere on the notice does it say a prosecution is being considered and even if it did (assuming the OP is the RK and there have been no changes of details) the letter was served after 14 days. So unless a charge that does not require a NIP is under consideration, they may struggle.
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Logician
post Fri, 13 Apr 2018 - 17:24
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QUOTE (NewJudge @ Fri, 13 Apr 2018 - 08:45) *
QUOTE (666 @ Fri, 13 Apr 2018 - 07:32) *
But we do know it wasn't on a road ...
But it was almost certainly in an "other public place". Not sure if "Inconsiderate Driving" (if that what the charge turns out to be) can be committed in an "other public place". I expect so.


Inconsiderate driving can be, motor racing can't be.



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