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Wife has NIP I Was Possibly Driving
adarmo
post Sat, 28 Aug 2010 - 17:47
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Hi,

Wife has recieved NIP and definately wasn't driving.

I possibly was.

Am I right in thinking she should send back the form stating she wasn't and asking for the photo to see who was ?

(whilst I hope its blurry)

Thanks
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post Sat, 28 Aug 2010 - 17:47
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BaggieBoy
post Sat, 28 Aug 2010 - 17:55
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QUOTE (adarmo @ Sat, 28 Aug 2010 - 18:47) *
Am I right in thinking she should send back the form stating she wasn't and asking for the photo to see who was ?

She shouldn't throw in the towel just yet, doing that will see her summoned for "failing to furnish". Just asking for photographs "to aid with the identification of the driver" (do not use the words "proof" or "evidence") would be the best way forward.

QUOTE (adarmo @ Sat, 28 Aug 2010 - 18:47) *
(whilst I hope its blurry)

Wouldn't be a good thing at all, if your wife is unable to name the driver, it will end up in court.
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P1DEANO
post Sat, 28 Aug 2010 - 17:56
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I think there where was a successful case where the husband and wife did not know who was driving, search around it maybe on here )))
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BaggieBoy
post Sat, 28 Aug 2010 - 18:04
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The "Hamilton" defence...not something anyone on here would recommend.
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picko
post Sat, 28 Aug 2010 - 18:27
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What was the speed limit and speed caught at?


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To bow down is a sign of dignity and, funnily enough in the eyes of the law a, quite legal request to have the CPS park one up ya back drive.
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ford poplar
post Sat, 28 Aug 2010 - 18:30
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Photo's are provided to confirm the contravention and identify the vehicle involved. They are NOT to ID the driver. though any hints as to hairstyle, height may give clues. Most are taken of the rear of the car ie Gatso's. Even photo's from the front may not show facial features due to angle, reflections, sunlight etc, so the blurry photo's you hope for will be no defence alone to being unable to ID the driver.

What is the contravention alleged?

Complete the NIP Wizard

This post has been edited by ford poplar: Sat, 28 Aug 2010 - 18:31
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peterguk
post Sat, 28 Aug 2010 - 18:57
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QUOTE (adarmo @ Sat, 28 Aug 2010 - 18:47) *
Hi,

Wife has recieved NIP and definately wasn't driving.

I possibly was.


And who else apart from you might have been driving?


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adarmo
post Sat, 28 Aug 2010 - 19:16
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Like most others I am trying to avoid points.

She wasn't driving and if the photo can't ID me then I wasn't either ;o)

It would be simple to provide a list of possible drivers.

Its only a 63 in a 50 - usual story, dual carriageway that was a 60 and has been reclassified for political / revenue purposes.

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peterguk
post Sat, 28 Aug 2010 - 19:26
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QUOTE (adarmo @ Sat, 28 Aug 2010 - 20:16) *
She wasn't driving and if the photo can't ID me then I wasn't either ;o)


That doesn't work. And may land you in more trouble.

QUOTE (adarmo @ Sat, 28 Aug 2010 - 20:16) *
It would be simple to provide a list of possible drivers.


Are we talking a football team? Or one other member of the family? The better your answers, the better the help you will receive rolleyes.gif

If you fill out the NIP Wizard and elect to have the answers pasted into this thread, we'll have a lot more to go on.

This post has been edited by peterguk: Sat, 28 Aug 2010 - 19:30


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adarmo
post Sat, 28 Aug 2010 - 19:29
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The car has a fault and has been taken to my father's garage over the last month where myself and several mechanics all of whom are insured have been driving it around to find the fault.
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peterguk
post Sat, 28 Aug 2010 - 19:33
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Assuming the date/time of the NIP is when it was in the care of your Father's business, it might be argued he was the keeper at the time, and that your wife couldn't possibly know who was driving.

She might wish to name your Father as the keeper, and as the business owner, let him sort it out.

See what others think...



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Kickaha
post Sat, 28 Aug 2010 - 20:39
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I think we need the real details, rather than vague hints.
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The Rookie
post Sun, 29 Aug 2010 - 02:02
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QUOTE (BaggieBoy @ Sat, 28 Aug 2010 - 19:04) *
The "Hamilton" defence...not something anyone on here would recommend.

The "Hamilton defence" was when both were in the car, so most things you can check to place one person elsewhere will fail to help you ID, it's a specific defence to unable to ID and completely unrelated to this case.

@ the OP
Section 172 of the road traffic act requires the vehicle keeper to name the driver or excercise (and prove in a court of law it was excercised) reasonable dilligence in trying to ID the driver, the penalty for failing to do so is 6pts and a fine of upto £1000 (in reality the guide is 150% of the accused's weekly take home pay or the family take home pay if the accused is a low earner).

If you wife was not the keeper at the time, then she needs to name the person who was the keeper and they will get their own S172 request to name the driver.

Cases where a single definitive driver are not named almost always end up in court, where people's 'being clever' to avoid a small speeding fine suddenly end up looking really dumb, trust me we see lots of people post here who thought they were clever only to find themselves summoned for the more serious offence, noting also that most insurers don't care about a single speeding offence, but they don't like unable to ID's as they don't know what offence it masks.

To be honest I think, form what you have said, you are spinning us a yarn, and I for one won't be involved in a possible conspiracy to pervert the course of justice by helping you do that, bubba is a big boy I'm told and some other sap can pick up the soap for him.

Simon


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ifstar
post Sun, 29 Aug 2010 - 09:59
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So are you happy enough to drop your dad and/or some of his workers in it? Sounds like you know it was you that did it.

Your dad might end up getting hammered as they should probably keep a record of who is out testing cars for this very reason as they have charge of the vehicle.
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southpaw82
post Sun, 29 Aug 2010 - 15:52
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As Simon has alluded to, if the OP knows it was him but intends to "spin a yarn" to the police (directly or through his wife) that it could have been X, Y or Z then that would be perverting the course of justice and nobody here ought to conspire to do so. I suggest that the OP goes away and thinks very carefully about his course of action. Any further hints of PCOJ will see him and anyone who helps him banned. One and only warning.


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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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TheCat
post Sun, 29 Aug 2010 - 18:58
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Just to expand slightly on Southpaws post, adarmo if you tell little porkies you will do jail time.

I'm not joking or exaggerating. Many people have tried to claim they didn't know who was driving when they blatantly did. They have gone to prison for it.

It's not unknown for the camera people to send out fuzzy pictures to you then in court the CPS pull out clear as day pictures so think very carefully how you reply.

If you genuinely don't know who was driving then that is a defence.

As others have said do the NIP wizard people can only help if the have all the information.


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ford poplar
post Mon, 30 Aug 2010 - 01:27
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The Cat "If you genuinely don't know who was driving then that is a defence."

I would add 'after reasonable diligence, which the Mags accept'

You know the date/time of offence, & presumably when the vehicle was collected/delivered to garage, if you or wife had access to the vehicle during the garage stay?

Where were you at time of contravention? Proof?

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johnjo42
post Mon, 30 Aug 2010 - 23:23
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QUOTE (adarmo @ Sat, 28 Aug 2010 - 20:16) *
Like most others I am trying to avoid points.

If that's the case there's a very simple method. Don't exceed the speed lmit
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