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daswo999
NIP Details and Circumstances
What is the name of the Constabulary? - Warwickshire
Date of the offence: - 12/04/06
Date of the NIP: - 03/05/06
Date you received the NIP: - 1004/05/06
Location of offence (exact location as it appears on the NIP: important): - A423, Banbury Road, Ladbroke. Southbound. (Nr Radbourne Lane)
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
Provide a description of events (if you know what happened) Do not know what happened, did not even know I had been flashed.


I sent the NIP back with See Attached and sent the PACE statement but have just received the following letter back:


Dear Sir,

I acknowledge receipt of a recent letter.

For your information you are required under section 172 of the Road Traffic Act, 1988 to sign the Notice of Intended Prosecution. This is a legal requirement ratified by several High Court cases. Failure to sign the form will result in the matter being dealt with by the court.

I should like to advise you that the requirement to provide information under section 172 falls within the exceptions to the need for a caution contained in the second part of PACE code C 10.1, which provides that a person need not be cautioned if questions are put "to obtain information in accordance with any statutory requirement."

Please complete and sign the enclosed Section 172 Notice and return it to this office by 10th June 2006,

Yours faitfully,

Manager Camera Enforment Unit


What can I do now? they are completely ignorning what we have said. How can I not need to be cautioned if the answer to the questions can be used in a court of law?

Please Help!

Steve
chadders
QUOTE
Date of the offence: - 12/04/06
Date of the NIP: - 03/05/06
Date you received the NIP: - 1004/05/06???


Why the long delay - are you the Registered Keeper (RK)?
daswo999
No i am not the registered keeper. It is a company car, they sent the first NIP to work and then one to home. Both were inside the 14days.
chadders
In that case... do nothing.
daswo999
But they have sent the NIP back, what happens next?
Ocelot
They are trying it on.

They always seem to send this response to a PACE statement. Basically, they are correct in that a caution isn't needed to establish the ownership of the vehicle (statutory requirement), but it is necessary if the information you provide is a signed confession (which is what a signed NIP form effectively is). If you want to continue with your fightback then just ignore everything and await a possible summons.
sgl
QUOTE (Ocelot @ Tue, 30 May 2006 - 13:58) *
They are trying it on.

They always seem to send this response to a PACE statement. Basically, they are correct in that a caution isn't needed to establish the ownership of the vehicle (statutory requirement), but it is necessary if the information you provide is a signed confession (which is what a signed NIP form effectively is). If you want to continue with your fightback then just ignore everything and await a possible summons.


One of my cases was similar,I sent PACE....got the standard reply like you did with a COFP.
Ignored that and have heard nothing from them since....so stick with it!

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