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FightBack Forums _ Speeding and other Criminal Offences _ Speeding Scotland

Posted by: fast boy Wed, 11 Oct 2017 - 19:16
Post #1322640

Have tried to copy the NIP wizard but failed apologises. Also tried search but it only brought up old cases.

Caught on the A9 doing 70 in 60 by average speed camera.

Car registered in wife's name form originally sent to her and she named me as driver.

Offence was 3 rd of July and I have spun it out as long as possible have asked for photos etc. They are now looking for an answer with usual threats.

Is the unsigned route still working in Scotland?

I have used it in the past with success but not for sometime now.

Thanks

Fast boy

Posted by: The Rookie Wed, 11 Oct 2017 - 20:14
Post #1322655

Yes, nothing has changed with respect to unsigned.

You probably didn't use the additional questions button, if you don't the wizard doesn't work.

Posted by: fast boy Tue, 17 Oct 2017 - 09:57
Post #1324080

Thanks Rookie

What are they doing these days are they sending a summons to go to court where it is dropped? Or is it just quietly dropped?

Reason I ask is I live 200 miles from the court so would be better to pay the fixed penalty rather than taking a day off work.

Could not see any recent cases in the completed cases section or would not ask.

Ta

Posted by: BaggieBoy Tue, 17 Oct 2017 - 10:45
Post #1324096

QUOTE (fast boy @ Tue, 17 Oct 2017 - 10:57) *
Could not see any recent cases in the completed cases section or would not ask.

Hardly anyone posts speeding cases in there, I wouldn't use the lack of them as a basis for your decision.

Posted by: Logician Tue, 17 Oct 2017 - 11:10
Post #1324102

If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.

Posted by: samthecat Tue, 17 Oct 2017 - 11:28
Post #1324106

QUOTE (Logician @ Tue, 17 Oct 2017 - 12:10) *
If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.


Isn't that just because the unsigned loophole was closed off in England a while ago?

Posted by: peterguk Tue, 17 Oct 2017 - 11:43
Post #1324116

QUOTE (samthecat @ Tue, 17 Oct 2017 - 12:28) *
QUOTE (Logician @ Tue, 17 Oct 2017 - 12:10) *
If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.


Isn't that just because the unsigned loophole was closed off in England a while ago?


I think L meant if the offender lives in England they give up early on. (Offence occurred in Scotland)

Posted by: Logician Tue, 17 Oct 2017 - 13:49
Post #1324153

QUOTE (peterguk @ Tue, 17 Oct 2017 - 12:43) *
QUOTE (samthecat @ Tue, 17 Oct 2017 - 12:28) *
QUOTE (Logician @ Tue, 17 Oct 2017 - 12:10) *
If you live in Scotland the police are sometimes persistent in trying to get you to sign, in England they do not seem to try more than once.
Isn't that just because the unsigned loophole was closed off in England a while ago?
I think L meant if the offender lives in England they give up early on. (Offence occurred in Scotland)


Exactly, it seems that if in England they get a request from Scotland a somewhat bemused PC may be sent out to try to get a signature. In Scotland they are more familiar with the situation and may try a couple of times, have even been known to go to the workplace. I imagine even more so now it is all one force area.


Posted by: samthecat Tue, 17 Oct 2017 - 14:02
Post #1324158

Ok. Makes sense when I engage my brain!

Posted by: fast boy Tue, 17 Oct 2017 - 19:45
Post #1324312

Ok think I will go unsigned again and see what happens.

Be annoying to get 6 points though given only 70 in a 60 on the A9!

Posted by: The Rookie Thu, 19 Oct 2017 - 05:13
Post #1324705

I note you say spun it out as long as possible, if you are outside the 28 days to reply you may well have already committed the S172 offence, so unsigned may not be a benefit to you now.

Posted by: fast boy Thu, 19 Oct 2017 - 17:06
Post #1324922

Rookie

All my responses and my wife's have been within the 28 day limit.

Fast boy

Posted by: andy_foster Thu, 19 Oct 2017 - 19:16
Post #1324965

QUOTE (fast boy @ Thu, 19 Oct 2017 - 18:06) *
All my responses and my wife's have been within the 28 day limit.


(My emphasis). Herein lies the problem. If you did not name the driver within 28 days beginning with the date of service, you have committed the offence, regardless of whether or not it was signed, etc. If you are able to 'keep them talking', they are unlikely to prosecute for failing to provide the information within the 28 days, and if they offered you extra time, and you complied with their requirements, it would be an abuse of process to prosecute (assuming that abuse of process applies in Scotland). However, if they allowed you extra time to provide a signed nomination and you send an unsigned nomination, you could come unstuck.

Posted by: fast boy Fri, 20 Oct 2017 - 14:37
Post #1325206

Ahh OK so what you are saying is I should have gone unsigned at the first opportunity. Not gone on to ask for photos etc to delay the process.

So I should just take the points now?

Posted by: TonyS Fri, 20 Oct 2017 - 14:54
Post #1325210

Not necessarily, but your unsigned response needs to be returned with the 28 days required by the original request (request to you that is), or possibly within any extension of time that has been explicitly offered to you. The point being that if your response is late than that can be prosecuted as failure to provide the information, whether signed or not.

Are you outside the 28 days?

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