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[NIP Wizard] Unsure who was driving at time of offence
SuperNintendale
post Fri, 14 Aug 2020 - 19:55
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - August 2020
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 5 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A899 Road Livingston
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Me and my partner were both driving the car at around the time of offence. My partner dropped the car off to me so I could pick up my son. I’m not sure how to proceed with this as neither of us have any previous convictions.

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Unsure
Do you know who was driving? - Unsure who was driving

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 14 Aug 2020 19:55:08 +0000
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andy_foster
post Sun, 16 Aug 2020 - 17:39
Post #21


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I still struggle to understand why posters insist that avoiding the police is a key part of the 'unsigned defence' strategy. Scottish case law confirms that there is only a single lawful s. 172 requirement made of a particular person in relation to a particular alleged motoring offence. Either the unsigned response to the lawful initial written requirement satisfies that requirement or it doesn't. Refusing to provide the information in response to a subsequent restatement of the original requirement cannot constitute an offence.


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Andy

Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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post Sun, 16 Aug 2020 - 17:39
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cp8759
post Mon, 17 Aug 2020 - 07:58
Post #22


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andy_foster I take your point, and one would hope the police would not be able to persuade anyone to sign anything, however stranger things have happened. If it were me and the police were to turn up I'd ignore them, simply because I have better things to do than talk to them.


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