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Nip but time is incorrect /i wasnt there, Do i fill in driver details if time was wrong?
Sirzig
post Wed, 25 Apr 2018 - 16:43
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Hi was hoping for a bit of advice regarding what action to take next if possible.
I received a NIP accusing me of driving my car 'in a public place without due care and attention ' at 08.51 on 5/4/18. Its obviously not telling me exactly what i did so doesnt jog a memory of any sort but my issue is i was at the gym between 08.18-09.25 on that day as i have obtained a photocopy of the signing in sheet from my gym and i have also checked my google maps timeline which puts me at the gym for the same times(give or take a couple of minutes).is this sufficient evidence to prove i didnt commit this offence at the time given?
Could someone please advise me how to respond? Do i fill my details in as the driver and return the NIP before having to go to court which really doesn't appeal or do i not fill it in and enclose a letter stating my case?thanks for any help you can give.
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post Wed, 25 Apr 2018 - 16:43
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The Rookie
post Wed, 25 Apr 2018 - 16:46
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At the moment the driver of your car is accused of it not you, was your car with you at the gym or could someone else have been driving it?


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Sirzig
post Wed, 25 Apr 2018 - 17:22
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The car is with me at the gym or possibly sat on drive at home if i took other car but the mrs definitely wasnt driving then so it wasnt at the scene of the incident at that time.can i tell the police this somehow before having to go court?
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The Rookie
post Wed, 25 Apr 2018 - 18:10
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You need to determine where your car was, as it would be much better if you could state it categorically, how sure are you that mrs Sirzig didn’t take it out? That would seem to resolve the question neatly if it was her driving.


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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!

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Jlc
post Wed, 25 Apr 2018 - 18:12
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Surely the location is given? (And it's the gym?)


--------------------
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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Sirzig
post Wed, 25 Apr 2018 - 18:18
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thanks for the replies.the mrs definitely wasnt driving it at that time as have asked a couple of times it being her car to run kids about(was half term and definitely didnt go out that early).theres a tiny chance i had took the car maybe to get petrol etc after the gym but as i said the gym clocking in sheet and google maps tell me i didnt leave gym again till after 9am and its a good 10 minute drive to where the incident supposedly happened but it is a road i would take home so if the time is wrong is that enough to void it?
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emsgeorge
post Wed, 25 Apr 2018 - 18:22
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Dancing around the issue wont get you off the hook.

What happened on that road, irrespective of the time. If you explain what really happened, people can give you advice on what to do.
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Jlc
post Wed, 25 Apr 2018 - 18:34
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QUOTE (Sirzig @ Wed, 25 Apr 2018 - 19:18) *
...but it is a road i would take home so if the time is wrong is that enough to void it?

Not necessarily. But 08:51 seems very specific - it's possibly a report from a member of the public where they have 'incorrectly' recalled the time.

The details are merely 'directory' so it may be difficult to argue you have been disadvantaged with a relatively small time difference.

In terms of the offence, DWDCA (Careless Driving) covers a multitude of possible incidents. Simply put, the driving fell below that expected of a safe and competent driver. This could range from simply failing to give way to driving bordering on dangerous (e.g. overtake at speed).

In terms of replying to the request I would respond [if true] stating the car was parking at the gym (with the keys in your possession) between the times you've given but you were driving at that location at 09:XX. You don't have to use their form but you must supply the details and sign/date it.

QUOTE (Sirzig @ Wed, 25 Apr 2018 - 17:43) *
...on 5/4/18.

When is the NIP dated and when did it arrive?

This post has been edited by Jlc: Wed, 25 Apr 2018 - 18:33


--------------------
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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BaggieBoy
post Wed, 25 Apr 2018 - 18:41
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I'm wondering if this is a GMT/BST issue.
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Jlc
post Wed, 25 Apr 2018 - 18:43
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QUOTE (BaggieBoy @ Wed, 25 Apr 2018 - 19:41) *
I'm wondering if this is a GMT/BST issue.

Possibly, but the clocks did change almost 2 weeks prior.


--------------------
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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Sirzig
post Wed, 25 Apr 2018 - 19:01
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Yes i wondered if it was a member of public or cyclist as its usually a quiet country road but if im remembering correctly there was a diversion set up to go that way so heavier traffic and a lot of potholes after the recent snow/flooding.im not trying to dance round any issues.im 99% sure i wasnt on that road at 8.51am but my evidence is a piece of paper from gym and google maps.the nip was dated 12 days(17th april) after the offence.could it be possible a dashcam or cyclist camera has been submitted of me swerving a pothole or something with the wrong time added to it as theres certainly no fixed or mobile cameras there?do i fill in the form saying i was the driver when i wasnt driving at the time of said vague offence or do i leave it blank with a covering letter and my 'evidence'?thanks again as unsure how to proceed
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Logician
post Wed, 25 Apr 2018 - 19:21
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I would write on their form that the car was parked at the gym at the time in question and you have evidence of that, so was not at the location they have stated at the time specified. You have no need to speculate about what error led them to believe that it was.


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The Rookie
post Wed, 25 Apr 2018 - 19:28
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I would add that you should confirm you had the keys and to the best of your knowledge no-one else could have been driving it at that time, give the location, not just ‘at the gym’.


--------------------
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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Sirzig
post Wed, 25 Apr 2018 - 20:05
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Thanks for the help everyone. Much Appreciated
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jdh
post Thu, 26 Apr 2018 - 09:11
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You've mentioned the timesheets and google maps trace showing you at the gym at the time, you've also mentioned a couple of possibilities that the car in question may have been elsewhere (if you were in wife's car and she had yours) and a possibility of a diversion. It might be worth checking maps again to see if you went via filling station or took a different (diversion) route home. That should give even more weight to your claim that you weren't at offence location at stated time.
Maybe it was a different car entirely and the victim misread the plate or spotted yours afterwards and thought it was you? Lots of possibilities but you've got a 99% certainty that it wasn't you at that time.
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