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"Scotland Defence" - going unsigned still advised?
DugTheDiesel
post Mon, 7 Jan 2019 - 17:52
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Hi all,

I was here about 5 years ago. Can't find my posts but it looks like the forum automatically delete old threads and I guess that makes sense.

I'm wondering if returning a NIP in Scotland, declaring the drivers details but not signing it, is still the recommended course of action? I've had a read through this link detailing what you can do when accused of speeding in Scotland, but all the example cases are now 12 years old (and some of them from 2007 not updated).

I myself went unsigned over a 76 in a 60 back in 2012 when I signed up for this forum, to mixed results: I never received a visit from the boys in blue, but what I did receive was a Court Summons (I'm recalling from memory here) resulting in two visits to Inverness Sheriff Court (I live in Edinburgh) and me wondering how exactly I was going to defend myself. Fortunately on my second visit to court the Procurator Fiscal dropped the case because the Police couldn't be bothered to turn up to back up their evidence. It ended up costing me as much in fuel as just taking the fine, but I left the court with no points and I had the feeling the whole thing could have gone way worse if the Police had turned up to court.

Looking through now, I can't see any good evidence of whether this is still considered a reasonable and sane course of action in the event of receiving an NIP. Based on my experience I'm inclined to say it's not worth it but can anyone else provide me with anecdotes to the contrary?

Cheers!

(I am not yet in receipt of an NIP but I believe one is coming. I suspect this time round I will just pay it but I am still interested in potentially 'fighting' it).

This post has been edited by southpaw82: Mon, 7 Jan 2019 - 18:58
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post Mon, 7 Jan 2019 - 17:52
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Irksome
post Mon, 7 Jan 2019 - 17:59
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There have not been any further developments, the unsigned route still appears to be an option.


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PePiPoo will likely close in October due to issues beyond the control of any contributor to this forum.

You are encouraged to seek advice at https://www.ftla.uk/speeding-and-other-criminal-offences/ where the vast majority of the experts here have moved over to already.
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DugTheDiesel
post Mon, 7 Jan 2019 - 18:06
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Has anyone done this more recently than 2007 with confirmed results though?
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Irksome
post Mon, 7 Jan 2019 - 18:28
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There have been several reported cases in the last couple of years ... one or two I recall followed a similar process to your previous experience where the PF dropped the case towards the end of the process (in an apparent attempt to force the defendant to cave in and confirm the driver identity). Others where Police have attended in an attempt to take a statement but have been thwarted and apparently given up.


--------------------
PePiPoo will likely close in October due to issues beyond the control of any contributor to this forum.

You are encouraged to seek advice at https://www.ftla.uk/speeding-and-other-criminal-offences/ where the vast majority of the experts here have moved over to already.
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peterguk
post Mon, 7 Jan 2019 - 18:35
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QUOTE (DugTheDiesel @ Mon, 7 Jan 2019 - 17:52) *
I was here about 5 years ago. Can't find my posts but it looks like the forum automatically delete old threads and I guess that makes sense..


No threads are deleted.

Your previous thread was cunningly hidden under "your topics" in your profile:

http://forums.pepipoo.com/index.php?showtopic=68586&hl=


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DugTheDiesel
post Mon, 7 Jan 2019 - 18:57
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QUOTE (peterguk @ Mon, 7 Jan 2019 - 18:35) *
QUOTE (DugTheDiesel @ Mon, 7 Jan 2019 - 17:52) *
I was here about 5 years ago. Can't find my posts but it looks like the forum automatically delete old threads and I guess that makes sense..


No threads are deleted.

Your previous thread was cunningly hidden under "your topics" in your profile:

http://forums.pepipoo.com/index.php?showtopic=68586&hl=

Ah interesting. I looked in the "posts" section on my profile (and there was nothing to be see, but where I can now see this new thread0, also saw this sub-forum only had 3 pages and figured old threads get deleted. Cheers for that.
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southpaw82
post Mon, 7 Jan 2019 - 18:58
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QUOTE (DugTheDiesel @ Mon, 7 Jan 2019 - 18:57) *
QUOTE (peterguk @ Mon, 7 Jan 2019 - 18:35) *
QUOTE (DugTheDiesel @ Mon, 7 Jan 2019 - 17:52) *
I was here about 5 years ago. Can't find my posts but it looks like the forum automatically delete old threads and I guess that makes sense..


No threads are deleted.

Your previous thread was cunningly hidden under "your topics" in your profile:

http://forums.pepipoo.com/index.php?showtopic=68586&hl=

Ah interesting. I looked in the "posts" section on my profile (and there was nothing to be see, but where I can now see this new thread0, also saw this sub-forum only had 3 pages and figured old threads get deleted. Cheers for that.

No, it just defaults to only displaying threads less than a certain time old.


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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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DugTheDiesel
post Mon, 7 Jan 2019 - 19:13
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QUOTE (Irksome @ Mon, 7 Jan 2019 - 18:28) *
There have been several reported cases in the last couple of years ... one or two I recall followed a similar process to your previous experience where the PF dropped the case towards the end of the process (in an apparent attempt to force the defendant to cave in and confirm the driver identity). Others where Police have attended in an attempt to take a statement but have been thwarted and apparently given up.

Police thwarted how? Do you recall?

Now that I've been corrected that old threads are still available I'm gonna go have a look for Scotland specific cases but if you remember any details I'd be grateful. Thanks!
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peterguk
post Mon, 7 Jan 2019 - 19:22
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QUOTE (DugTheDiesel @ Mon, 7 Jan 2019 - 19:13) *
Police thwarted how?


Don't open the door?


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DugTheDiesel
post Mon, 7 Jan 2019 - 19:35
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QUOTE (peterguk @ Mon, 7 Jan 2019 - 19:22) *
QUOTE (DugTheDiesel @ Mon, 7 Jan 2019 - 19:13) *
Police thwarted how?


Don't open the door?

Ah sorry for some reason I thought they were being thwarted at court. Not doing very well here.
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