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Full Version: 28 DAYS TO SEND BACK NIP?
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bigstan
I have recently send a letter to the police asking for photographic evidence of my alleged 36 in a 30 zone on a sunday afternoon.

Does this mean that i still have to declare driver/possible drivers within that 28 days - if so, i need to send mine off this Monday 20th March - without seeing any photographic evidence??? or do i get any ley way or extra time for asking for evidence??

Also, the address the police sent my NIP to was my previous address - i've been living at my current address for well over 6 months now (althought i only disclosed on my letter that the address was wrong and that all correspondence should be sent to my new address)

Please help - dont want to declare withouth seeing any evidence??
fairygothmother
Hi Bigstan
This happened to me also. I phoned the scameraship and said I wasn't happy naming a driver until I had seen the photos, they told me it was fine to send back as soon as I received the photos even if it went over the 28 days. I would recommend you do the same, just to be sure and get the name of the person you are speaking to just in case.
Regards,
Fairy
bigstan
QUOTE (fairygothmother @ Sat, 18 Mar 2006 - 12:42) *
Hi Bigstan
This happened to me also. I phoned the scameraship and said I wasn't happy naming a driver until I had seen the photos, they told me it was fine to send back as soon as I received the photos even if it went over the 28 days. I would recommend you do the same, just to be sure and get the name of the person you are speaking to just in case.
Regards,
Fairy


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Thanks Fairy

Telephoned them today & voice mail stated that they do not enter into any phone mitigation & that all requests had to be in writing. As mentioned, i wrote a letter asking them for photos & sent it recorded mail on the 14th March - nothing back yet - the deadline day for sending back the NIP is today!!!!

Will i be allowed any extra time?? - lets hope so, don't want to sign NIP until i see the photos, anyone else been in the same situation???

Any info or advise, greatly appreciated.
OU812
Its common for the ticket office to be busy. I remember my lot took 21 days to reply to my request for photos (fortunately I sent the request the day I received the NIP)

Remember there is a bit in S172 to supply as soon as able, if the scameras havent sent you the photos before the 28 days are up then you are not able - simple as that. How much of an extension you get once they send the photos remains to be seen and theres always a possibility they wont send you the photos at all (great for contesting an S172 charge but not good if you want an easy life)
bigstan
QUOTE (OU812 @ Mon, 20 Mar 2006 - 15:48) *
Its common for the ticket office to be busy. I remember my lot took 21 days to reply to my request for photos (fortunately I sent the request the day I received the NIP)

Remember there is a bit in S172 to supply as soon as able, if the scameras havent sent you the photos before the 28 days are up then you are not able - simple as that. How much of an extension you get once they send the photos remains to be seen and theres always a possibility they wont send you the photos at all (great for contesting an S172 charge but not good if you want an easy life)


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thanks - will keep you posted on the situation!!!
bigstan
Well, i received the photo evidence - yes - it is my car but the photo is not clearly me.

I've been over the ground (where it looks like the photo has been took) and i can't see any cameras - in the corner of the photo it says GATSOMETER 4558 - i thought GATSO were them 'unmissable' poles with a square camera stuck on top - this one must be camoflauged as thin air cos i cannot bloody see it!!!!

Letter said "please find enclosed copy of phot took at the time.......however please note, the purpose of the photo is to identify the vehicle" - ? "under section 172 of the RTA 1988 it is the responsibilty of the keeper to supply the name & address of the driver at the time" "if the driver information is not supplied within 14 days of this letter, papers will be submitted to the Prosecution unit under an offence under 172 of the RTA 1988" " I regret that we can be of no further assistance to you in this matter" - well thanks a f^&%ing lot!!!!

The picture is not clear - the GATSO is not visible - if i say possible drivers - what would be the implication on the named 'possible drivers'

need help & dont want to give in to these bandits??????????
bigstan
Can anyone please help???

All information is greatly appreciated - don't want to give in to these fools???
MrsMiggins
The reason you aren't getting many replies is because you haven't given us enough info. Please provide the details requested in the "Read This First" sticky.

There is also the implication in your posts that you actually know who was driving but just don't want to tell them and instead plan to name multiple possible other drivers in the hope that'll make it all go away. It won't; and you'll just end up in a whole lot of trouble, including the possibility of being charged with attempting to pervert the course of justice.

icon_hang.gif

If I've misunderstood you I apologise. You still need to give us all the details though.

Edited to add: it could have been a mini gatso, hence the lack of camera when you went back to check.
bigstan
Sorry - here is all the info:-

1. Northumbria Police
2. 12/2/06
3. 21/2/06
4. 26/2/06
5. Nevinson Avenue, South Shields, Tyne & Wear
6. Yes - but sent to previous address (parents), moved in with Girlfriend 2005
7. Can't remember as I threw away envelope
8. Yes - I am registered keeper
9. 0 Points
10. Alleged offence took place on a sunday afteroon at 1:20, photo says Gatso & looks like its been took from an entry to a school, the road gently curves round to that point then goes straight after that entry to a school meaning that the camera wasn't pointed directly straight at the car for a long period

I have since been over the ground where 'it looks like' the photo was took from & there is no Gatso there.

The photo is clearly my car but the photo does not clearly show driver.

You have mis-understood me, im not trying to prevent the course of justice, i just want to know who was driving the car to proove to the police it wasn't me.

Whats my next step?
List possible drivers?
PACE?

Please help?
MrsMiggins
Well, you either know who was driving or you don't. If it was you send the PACE letter. If it wasn't you driving then you can't use PACE. If you know who it was name them in your response instead.

If you don't know who was driving then you have a legal obligation to try to find out. Just asking for pics isn't enough. The law says you have to use 'reasonable diligence' to try to find out.

If you don't name a driver then the scammers will either
1. forget about you and move on to more complaint prey (unlikely)
2. summons you for failing to name the driver (S172)

If you are summonsed for failing to name the driver it'll be up to you, in court, to convince the magistrates that you tried but could not find out who was driving. You will need to show them that you really tried. Giving the scammers a list of possible names is not enough without some back up info explaining why you have had to provide a list of suspects.
bigstan
QUOTE (MrsMiggins @ Tue, 4 Apr 2006 - 08:16) *
Well, you either know who was driving or you don't. If it was you send the PACE letter. If it wasn't you driving then you can't use PACE. If you know who it was name them in your response instead.

If you don't know who was driving then you have a legal obligation to try to find out. Just asking for pics isn't enough. The law says you have to use 'reasonable diligence' to try to find out.

If you don't name a driver then the scammers will either
1. forget about you and move on to more complaint prey (unlikely)
2. summons you for failing to name the driver (S172)

If you are summonsed for failing to name the driver it'll be up to you, in court, to convince the magistrates that you tried but could not find out who was driving. You will need to show them that you really tried. Giving the scammers a list of possible names is not enough without some back up info explaining why you have had to provide a list of suspects.


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The possible drivers are me & my girlfriend, we car share all the time.
can i send the 'possible drivers' letter naming us both then await response, then send PACE statement when/if i get another letter or just go direct to PACE statement and name myself (carry the can even though i dont know who was driving at that time)???

Please advise???
firefly
Don't mix your defences.

Send the possible drivers letter and await their response.
bigstan
QUOTE (firefly @ Thu, 6 Apr 2006 - 12:31) *
Don't mix your defences.

Send the possible drivers letter and await their response.



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I'll do the 'possible drivers' letter - what is the possibilities of her receiving any points or fines or would they all still go to me as i'm the vehicle owner (assuming that it would go that far)
she's nervous about receiving possible threatening letters from the scammers?? - just to put her at ease as i want to fight them all the way???
MrsMiggins
If you name 2 possible drivers the most likely response is a letter saying that's not good enough followed by a summons for S172.
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