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Verbal NIP but reply not recorded
snoopsnek
post Tue, 24 Jul 2018 - 09:31
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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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post Tue, 24 Jul 2018 - 09:31
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Logician
post Tue, 24 Jul 2018 - 09:40
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You said nothing, nothing is recorded, simples!



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snoopsnek
post Tue, 24 Jul 2018 - 09:53
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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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peterguk
post Tue, 24 Jul 2018 - 09:54
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QUOTE (snoopsnek @ Tue, 24 Jul 2018 - 10:53) *
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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Jlc
post Tue, 24 Jul 2018 - 09:55
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QUOTE (snoopsnek @ Tue, 24 Jul 2018 - 10:53) *
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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peterguk
post Tue, 24 Jul 2018 - 09:55
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QUOTE (snoopsnek @ Tue, 24 Jul 2018 - 10:53) *
Without it is the NIP invalid?

You received a verbal NIP, not written.


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snoopsnek
post Tue, 24 Jul 2018 - 10:16
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So is my understanding that they have to record my response incorrect? If not then how do they record it?
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AntonyMMM
post Tue, 24 Jul 2018 - 10:31
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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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Jlc
post Tue, 24 Jul 2018 - 10:47
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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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The Rookie
post Tue, 24 Jul 2018 - 10:53
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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.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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snoopsnek
post Tue, 24 Jul 2018 - 10:54
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QUOTE (Jlc @ Tue, 24 Jul 2018 - 11:47) *
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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The Rookie
post Tue, 24 Jul 2018 - 11:06
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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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snoopsnek
post Tue, 24 Jul 2018 - 11:45
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QUOTE (The Rookie @ Tue, 24 Jul 2018 - 12:06) *
None at all.

Worth the hope xD
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