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celica105
Hi All,

Ok brief history of events;

Recieved a nip in post at end on jan for doing 80 in a 70, just inside 2 weeks of offence

wrote back asking to see evidence as couldnt remember who was driving

2 months later receieved a photo or rear of vehicle and a compliemt slip with reference number

2 weeks after received a letter with another NIP

Wrote back saying could not identify driver from photo but have checked bank statements ect to see if any fuel was bought but could not see any

yesterday recieved a letter asking me to supply date of birth and a signature - anybody have an idea what they want this for ??? -im confused
Bluedart
QUOTE
QUOTE (celica105 @ Sat, 29 Apr 2006 - 14:49) *
Hi All,

Ok brief history of events;

Recieved a nip in post at end on jan for doing 80 in a 70, just inside 2 weeks of offence

wrote back asking to see evidence as couldnt remember who was driving

2 months later receieved a photo or rear of vehicle and a compliemt slip with reference number

2 weeks after received a letter with another NIP

Wrote back saying could not identify driver from photo but have checked bank statements ect to see if any fuel was bought but could not see any

yesterday recieved a letter asking me to supply date of birth and a signature - anybody have an idea what they want this for ???
QUOTE
-im confused

Me Too! But then that's the norm for me.
Maths For Fun And Insight
QUOTE (celica105 @ Sat, 29 Apr 2006 - 14:49) *
yesterday recieved a letter asking me to supply date of birth and a signature - anybody have an idea what they want this for ?

If you're willing to put up a scan of this letter, it would be interesting to take a look.
Broadsword
QUOTE
yesterday recieved a letter asking me to supply date of birth and a signature - anybody have an idea what they want this for ??? -im confused


It sounds very much like you are going to be summonsed for "failing to furnish" in the not to distant future. Obtaining this information and getting a signature on the Sec 172 response (whether otherwise completed or not) enables them to 'prove' that no driver was nominated.

If you don't know who was driving then you cannot nominate a driver and will have to rely on the fact that you have done everything possible to ID the driver.

To stand a chance at success your credibility is everything, if the court don't believe you are genuine, no matter how much 'investigation you can show, you will be convicted.

You should, if this is the line you are going down, co operate 'fully' in writing only (absolutely no telephone calls). I would suggest that you send back the information that they have requested, plus outline all of the enquires that you have made and ask them what else you can reasonably do.
Captain A
(2) Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and...

The above is from Sec 172 (2) of the RTA 1988. If your DoB & signature are not 'information as to the identity of the driver' I would be inclined not to supply them unless they can give you a sound legal reason.

Your defence is that you do not know who was driving:-

(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.
andy_foster
Captain A,

Whilst I can't fault your logic, I believe that Wax-eater is correct - credibility is everything, and if you are seen as being uncooperative, you're potentially sunk.
Bluedart
QUOTE (andy_foster @ Sat, 29 Apr 2006 - 18:59) *
Captain A,

QUOTE
Whilst I can't fault your logic, I believe that Wax-eater is correct

credibility is everything, and if you are seen as being uncooperative, you're potentially sunk.


I find the LGO, the Police, the County Council and the Safety Camera Partnership uncooperative, so lets just hope they are on a sinking ship. biggrin.gif biggrin.gif biggrin.gif
celica105
Hi again, thanks for the help,

The letter simply states

" I refer to the above Notice of Intended Prosecution and now request that you enter your date of birth in the section below and return it to this office wihin ten days of the date of this letter

Thank you for your assistance in this matter


Ref no ------------

Date of birth -- -- --

signed --------------------- "


I was planning on writing back confirming my dob and asking if they required my girlfirends dob as well as it was most likely one of us was driving but not sure who.
Bluedart
[quote][quote name='celica105' date='Tue, 2 May 2006 - 09:25' post='105896']
Hi again, thanks for the help,

The letter simply states

" I refer to the above Notice of Intended Prosecution and now request that you enter your date of birth in the section below and return it to this office wihin ten days of the date of this letter

Thank you for your assistance in this matter


Ref no ------------

Date of birth -- -- --

signed --------------------- "


[/quote]
[quote]I was planning on writing back confirming my dob and asking if they required my girlfirends dob as well as it was most likely one of us was driving but not sure who.[/quote][quote]

Why not just say," At this point in time we are unsure who was driving the vehicle?", therefore could you please identify who's D.O.B. you require? biggrin.gif
celica105
Thanks, never thought of that, sounds like a good idea, i'll send a letter off and see what they say !
celica105
Hi again,

Sent off the letter as above asking whos dob they require and had a response back today.

"The date of birth required is that of the registered keeper.

The registered keeper has a legal obligation to provide the name and address of the driver of the vehicle when reqeusted by or on behalf od the Chief Constable, in this case theese details have not been provided and as a result that paopers will be forwarded to the Crown prosecution service with a view to proceedings being taken against the registered keeper."
Bluedart
QUOTE (celica105 @ Fri, 12 May 2006 - 09:16) *
Hi again,

Sent off the letter as above asking whos dob they require and had a response back today.

"The date of birth required is that of the registered keeper.

The registered keeper has a legal obligation to provide the name and address of the driver of the vehicle when reqeusted by or on behalf od the Chief Constable, in this case theese details have not been provided and as a result that paopers will be forwarded to the Crown prosecution service with a view to proceedings being taken against the registered keeper."

QUOTE
The registered keeper has a legal obligation to provide the name and address

where does it say and dob?
They are taking the pi$$
celica105
[quote]The registered keeper has a legal obligation to provide the name and address[/quote]
where does it say and dob?
They are taking the pi$$
[/quote]


My thoughts exactly, any thought as to where i go from here?

I though i'd just write back saying that,

i cant possibly supply the name and address of the driver as I DO NOT KNOW WHO IT WAS and if i were to nominate a driver i would be commiting an offence as i cant be sure who it was.

Then going on to state what i have done to try and find out who was driving and noting that i have asked them for advice in respect of this 3 times and heard nothing.

Should i also point out para 4 of S172

S 172(4)

"(4) A person shall not be guilty of an offence by virtue of paragraph (a) of subsection (2) above if he shows that he did not know and could not with reasonable diligence have ascertained who the driver was."

or would that pi$$ them off even more ?
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