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[NIP Wizard] Scottish question
fizzel
post Fri, 25 Jan 2008 - 23:44
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NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - January 2008
Date of the NIP: - 7 days after the offence
Date you received the NIP: - 8 days after the offence
Location of offence (exact location as it appears on the NIP: important): - the A720 road Edinburgh City Bypass north of Hermiston Gait
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 - My partner was driving the car (I was at work). From what he remembers there was a mobile unit set up on the slip road but by the time he saw it it was too late to slow down (NIP says 65mph in a 50mph zone).

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? - No
Do you know who was driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Complete the Section 172 statement naming the person you believe was driving.
    You aren't incriminating them - they'll receive a NIP to complete themselves in due course.

    (You might also like to let that person know that they can expect to receive one, and give them the link to this Wizard for when it arrives!)

Generated by the PePiPoo NIP Wizard v3.3.2: Fri, 25 Jan 2008 23:44:04 +0000
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post Fri, 25 Jan 2008 - 23:44
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fizzel
post Fri, 25 Jan 2008 - 23:51
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Hi. Just wondering if the "unsigned" strategy still works in Scotland? I've been reading some of your older posts which seemed to suggest this was the way to go. As you can see I've been issued with NIP for doing 65mph in a 50mph zone. I wasn't driving but the person who was already has 6 points so I'm prepared to take the points but I really object to being forced to incriminate him or confess myself (to something I didn't do!). Given that there is now a risk of 6 points for non compliance with section 172 should I fill in but not sign my NIP or fill in his details and let him not sign his NIP? If I do fill in his details should I not sign it?! And how do the time lmits work: is it 6 months to prosecute from date of offence, date of my NIP or (potentially) date of his NIP? Any advice greatly appreciated. Thanks.
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The Rookie
post Sat, 26 Jan 2008 - 07:57
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Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



WHOA - if you 'take the points' you are, with him' (if he knows) commiting a conspiracy to pervert the coarse of justice - this carries a mandatory jail term and no-one is going to advocate you commiting such a serious offence.

Unsigned is still the way to go in Scotland (as you would have been told had you filled in the wizard had it been your NIP), although there is a feeling they will seek to stop this, as yet there is no case law to say you have to sign.

As you have to name your partner, I would suggest naming him on the form as required and NOT SIGNING, and see what responce you get, if they demand you sign, you can probably ignore it, he will likley get his own NIP anyway, which he can also return unsigned.

Two things to be aware of:-
1/ They will call out your local plod to try and serve a verbal S172 request on you, if they do this you have to tell them, so you need to avoid them, be not in, and not return their requests for you to call, if you are in England then its worth asking the plod (if cornered) if they are authorised to serve this request for central Scotland, if they can't answer yes (even though they almost certainly are!) then you do not have to answer (any requestor has to be authorised by a chief of Police)
2/ There is no case law (In Scotland) that says the S172 response has to be signed, at some point the PF's offices may decide to go for a test case to set case law, in which case the penalty (if it succeeds) is 6 points and a circa £300 fine, my opinion is that until they see 'too many' unsigned they won't try for a test case as it will create publicity telling people about the 'loophole', but I think it will happen eventually.

Simon


--------------------
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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fizzel
post Sat, 26 Jan 2008 - 16:59
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Thank you! Hadn't thought about it like that. Won't be going down that road!
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