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Off duty police see me do something in Feb but wait til Aug, Driving w/o due care and attn tailgating undertaking (alleged)
texture
post Thu, 15 Aug 2019 - 11:42
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Hello I am new here ! smile.gif
Back in March I received a 172 driver request and returned it but heard nothing. Last Friday, I received a summons thru the post and two statements from off duty police saying that I performed undertaking and tailgating actions and I was definitely a male driver. Their statements contradict with one saying I undertook on the right hand side. One of the police officers came to my house unannounced in June as he has also put this statement in. This time he was in full uniform and in a police vehicle. I drove away as I do not like the police just turning up at my house for no reason. I called the police and they had no record of why there was a policeman at my house. I found out last Friday. It was because he did not like the details returned on the 161 notice. That I was a woman and not a man as they both had thought.

The police have offered me a Driving Safety Course at a cost of £160 or court. But I just don't have the money for the course, I have a drastically reduced income.

If the police have not sent a NIP, they were off duty and they said in their statements it was the worst driving they had seen but they didn't do anything about it until August?

If anyone can offer any advice, I would really appreciate it.

My view of the incident is this... I was travelling along the dual carriageway which is the ring road around our town. It seemed to me like there were two cars working together but I dismissed this as how could they? (The two police officers did know eachother's cars) The main driver who also came to my house was not letting me pass at all. Literally would slow down but would not pull over. There were gaps and I did pull over a few times, kind of to show this driver that they too could pull over in some telepathic travel way. He completely and resolutely ignored me. At the next junction, I came off and accelerated, went around the roundabout and went away from these people. From their pov, they have said that they were not travelling more than 65-60mph.... at no point did I undertake as I could not pass. They also came off at the roundabout and the comment was made by the main off duty policeman that he was "disappointed as he could not control my actions".

I am not against the police but this year they have had a lot of contact with me.

Thank you!

This post has been edited by texture: Thu, 15 Aug 2019 - 11:45
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post Thu, 15 Aug 2019 - 11:42
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The Rookie
post Thu, 15 Aug 2019 - 11:46
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Are you sure the S172 request in February didn't also amount to a NIP? Do you still have it/a copy?

What's a 161 notice? Typo for S172?

If you haven't been charged with an S172 offence it seems likely they have now accepted your driver nomination and its just the due care you have to contest.

This post has been edited by The Rookie: Thu, 15 Aug 2019 - 11:50


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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southpaw82
post Thu, 15 Aug 2019 - 11:49
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I have no idea what this thread is about.


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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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texture
post Thu, 15 Aug 2019 - 17:27
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Thank you both for your replies. To be honest, I am just as confused as you, Southpaw//

I do still have the notice because the police sent a copy in the post. It was a single piece of paper asking for Registered Keeper: Requirement to Provide Name and Address of Driver.

It says Section 172 Road Traffic Act 1988 as amended.

Both police officers were off duty travelling to work and I was on the same stretch of road. I have only just found this out as this was in February and I have had no contact about this incident in February until Fri 9th Aug. This was when I became aware that two off duty police officers completed a statement about this incident in March.

One of the police officers came to my house in uniform and a police vehicle. I actually consider this stalking as I feel another officer should have attended.

However, the police have had contact with me before this date and are well aware that I drive this vehicle as they searched it at the side of the road and I refused to exit the vehicle so they threatened to smash my windows in. It was quite an eventful night.

Do they need to send Notice of Intended Prosecution in the post?

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cp8759
post Thu, 15 Aug 2019 - 18:22
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I suggest you post up a redacted copy of all the paperwork you've received, because at the moment you're making no sense at all.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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blackcross
post Thu, 15 Aug 2019 - 23:55
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Police attending the home address of a supposed offender, without effecting entry, is not stalking.

Your account of previous encounters with the police suggests either power crazed officers, or a serious failing of the attitude test on your part.

There is rather more to this story than you have told us.

This post has been edited by blackcross: Thu, 15 Aug 2019 - 23:58
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The Rookie
post Fri, 16 Aug 2019 - 07:26
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QUOTE (texture @ Thu, 15 Aug 2019 - 18:27) *
It says Section 172 Road Traffic Act 1988 as amended.

snip

Do they need to send Notice of Intended Prosecution in the post?

What it says on it is irrelevant, its whether it amounts to a NIP or not that does.

Unless the driver was warned at the time a NIP must be sent by post to the driver or registered keeper. One caveat to that is if an accident occurred (which may not necessarily involve the defendants car being damaged) for the purposes of the statute.

At least be consistent, you can't say no contact while admitting you got at least an S172 request!

This post has been edited by The Rookie: Fri, 16 Aug 2019 - 07:27


--------------------
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 10-0 PPC's
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