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S172 Notice of Intention received late by employer
werdcon
post Tue, 5 Jun 2018 - 12:32
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Hi Folks,

I have just been in the office and we have received a S172 letter to provide driver information for "Drive motor vehicle fail comply with red / green arrow / lane closure traffic light signals - manual detection."

It turns out that this was in fact myself, I believe this to have been an RTC in lane 2 of a dual carriageway, I was merging in to the left lane, however, was not given a space to move in until reaching near the end of the lane where the section of road was coned off and blocked by a police vehicle. I was not spoken to by any police officer on site and continued on my journey as normal.

Also, more to the point, the offence date as stated on the letter is 06/05/2018, however, the S172 letter to the company is dated 04/06/2018 and is therefore outside of the usual 14 day window.

Obviously, the company has to respond with driver details, which is fine; I have taken a copy of the letter for my own evidence.

Would I be correct in contesting this on the rules of time barring and, if so, how do I go about this?

Many Thanks,
WC.
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post Tue, 5 Jun 2018 - 12:32
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werdcon
post Tue, 5 Jun 2018 - 18:16
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QUOTE (Logician @ Tue, 5 Jun 2018 - 19:05) *
QUOTE (StuartBu @ Tue, 5 Jun 2018 - 18:46) *
I must be missing something here- I still don't see it spelled out exactly what you did wrong.


"Failure to comply with lane closure traffic light signals" I assume that on THIS gantry or a previous one, there was a red cross over lane 2, indicating that the lane was closed and having the same effect as a red traffic light, the OP was in that lane, but could not get into lane 1 because of the volume of traffic until he reached the scene of the RTC, therefore passing the red light. The police no doubt assumed he was trying to gain an advantage over the lane 1 traffic by failing to move across.


Exactly this!
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StuartBu
post Tue, 5 Jun 2018 - 20:55
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QUOTE (Logician @ Tue, 5 Jun 2018 - 19:05) *
QUOTE (StuartBu @ Tue, 5 Jun 2018 - 18:46) *
I must be missing something here- I still don't see it spelled out exactly what you did wrong.


"Failure to comply with lane closure traffic light signals" I assume that on THIS gantry or a previous one, there was a red cross over lane 2, indicating that the lane was closed and having the same effect as a red traffic light, the OP was in that lane, but could not get into lane 1 because of the volume of traffic until he reached the scene of the RTC, therefore passing the red light. The police no doubt assumed he was trying to gain an advantage over the lane 1 traffic by failing to move across.


Sounds reasonable when you put it like that but we shouldnt be having to 'invent' scenarios.
As for this in an earlier post
""Drive motor vehicle fail comply with red / green arrow / lane closure traffic light signals - manual detection"
Is that the best they can do- grammatically that is awful.
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Jlc
post Tue, 5 Jun 2018 - 21:10
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Template...

But regardless, it appears this is a 'late' NIP - I would be telling them so with the driver nomination.


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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werdcon
post Tue, 5 Jun 2018 - 21:14
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QUOTE (StuartBu @ Tue, 5 Jun 2018 - 21:55) *
QUOTE (Logician @ Tue, 5 Jun 2018 - 19:05) *
QUOTE (StuartBu @ Tue, 5 Jun 2018 - 18:46) *
I must be missing something here- I still don't see it spelled out exactly what you did wrong.


"Failure to comply with lane closure traffic light signals" I assume that on THIS gantry or a previous one, there was a red cross over lane 2, indicating that the lane was closed and having the same effect as a red traffic light, the OP was in that lane, but could not get into lane 1 because of the volume of traffic until he reached the scene of the RTC, therefore passing the red light. The police no doubt assumed he was trying to gain an advantage over the lane 1 traffic by failing to move across.


Sounds reasonable when you put it like that but we shouldnt be having to 'invent' scenarios.
As for this in an earlier post
""Drive motor vehicle fail comply with red / green arrow / lane closure traffic light signals - manual detection"
Is that the best they can do- grammatically that is awful.


Not sure if this one is aimed at my description of events? Irregardless, what happened did indeed occur and hence my immediate confusion at the receipt of the letter to my employer.

So, in terms of the late arrival of the first NIP to my employer, what is now my course of action when I eventually receive the NIP addressed to me personally? Do i complete the NIP and attach a written letter highlighting the 14 day time barring period along with a copy of the first NIP as received by my employer?
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Logician
post Wed, 6 Jun 2018 - 01:01
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Just to be clear, were you spoken to by any police officer at the time of the incident, or was the s.172 letter the first you knew of any police interest?


--------------------



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The Rookie
post Wed, 6 Jun 2018 - 01:31
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No it’s aimed (quite clealry I would have thought) at what you have typed, presumably off the NIP.

Yes when you get a NIP in your name you have to name yourself, but yes at that point it would be worth pointing out that they can not prosecute due to the late NIP, (not strictly time barred, that refers to the 6 months to prosecute).


--------------------
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 8-0 PPC's
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werdcon
post Wed, 6 Jun 2018 - 09:51
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QUOTE (Logician @ Wed, 6 Jun 2018 - 02:01) *
Just to be clear, were you spoken to by any police officer at the time of the incident, or was the s.172 letter the first you knew of any police interest?

I can confirm that no police officer spoke to me at the time of the incident.

The S172 was my first knowledge of any police interest.
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