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NIP'ed for being on the phone driving
Waveydave79
post Sun, 9 Jun 2013 - 16:35
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Got pulled over as I was using my phone today. My car was loaded up so if they were behind me, I didnt spot when they were behind me, recieved a call to put in onto speakerphone, they much have noticed then. After checking my details, they asked me If Id had been in any problems with them before, My license is clean. I asked what they would do. They said I might get off with a 1) warning,2) a training course, or worst case 3 points with £60 fine. Howver just noticed on the yellow Ticket (The NIP) He did not get me to sign the last part. (About the data protection act), he said in the car, I would need to sign it, then he asked me about what I did for work - having a joke with me, and just handed me the paper without checking it was signed.

I am wondering now - as its not been signed - does it still stand, or should I expect them to get back to me?
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post Sun, 9 Jun 2013 - 16:35
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southpaw82
post Sun, 9 Jun 2013 - 16:40
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The signature is irrelevant to any proceedings.


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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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Waveydave79
post Sun, 9 Jun 2013 - 17:24
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Worth a try,he did say that sometimes they send out a letter of caution if youve have been "good!", I dont see how this would be the case, so I am expecting the 3 points and the fine. Serves me right, I should have had my bluetooth, that got lost in the washing machine. - I have no idea how they captured me using the phone as I had a load of boxes in the back the car, thus obstructing rear view and I never saw them. Dont think I can protest it though.
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AFCNEAL
post Sun, 9 Jun 2013 - 17:30
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QUOTE (Waveydave79 @ Sun, 9 Jun 2013 - 18:24) *
Worth a try,he did say that sometimes they send out a letter of caution if youve have been "good!", I dont see how this would be the case, so I am expecting the 3 points and the fine. Serves me right, I should have had my bluetooth, that got lost in the washing machine. - I have no idea how they captured me using the phone as I had a load of boxes in the back the car, thus obstructing rear view and I never saw them. Dont think I can protest it though.


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JP1978
post Sun, 9 Jun 2013 - 18:52
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QUOTE (Waveydave79 @ Sun, 9 Jun 2013 - 18:24) *
Worth a try,he did say that sometimes they send out a letter of caution if youve have been "good!", I dont see how this would be the case, so I am expecting the 3 points and the fine. Serves me right, I should have had my bluetooth, that got lost in the washing machine. - I have no idea how they captured me using the phone as I had a load of boxes in the back the car, thus obstructing rear view and I never saw them. Dont think I can protest it though.


I think they say "you may get a caution" to a, make you feel better and b, make them feel better.

You will be very lucky not to get the points.... But maybe a course, not the warning though
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Waveydave79
post Mon, 10 Jun 2013 - 00:53
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Just been looking at the statement from his notebook, as well as not being signed, hes also missed out a digit in my Drivers number as well, it seems that he very careless filling out this form. Auctually I am not thinking that he may have been a little "Slapdash!" - Does this gave me any chance of wriggling out of this.
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Sgt Pepper
post Mon, 10 Jun 2013 - 06:33
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QUOTE (Waveydave79 @ Mon, 10 Jun 2013 - 01:53) *
Just been looking at the statement from his notebook, as well as not being signed, hes also missed out a digit in my Drivers number as well, it seems that he very careless filling out this form. Auctually I am not thinking that he may have been a little "Slapdash!" - Does this gave me any chance of wriggling out of this.



No.
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The Rookie
post Mon, 10 Jun 2013 - 09:48
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Paperwork completed after the alleged offence occured does not have any affect on whethere the offence occured or not.

This is not America, minor errors in paperwork etc are of no relevance to your guilt, and rarely cane be used as a defence.

had you genuinely not commited the offence such erors could be used to call into question his abilities/judgement alongside other direct evidence, but that isn't the case here.


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Waveydave79
post Wed, 3 Jul 2013 - 13:06
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Thanks for the replies I understand that the fact its not signed doesn't matter, nor the mistake with the DL number.

Ive actually still not heard anything from them, So I made a call to them today, and they lady said there was nothing yet on the system, this seems weird as its over 20 days.

She said there had been a major crackdown recently in Nottingham, so there may have been backlog.

The fact the form was not signed mean that I cannot be offered the awareness course, so she said if I receive something then to call as ask if this is an option.


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