NIP Details and Circumstances
What is the name of the Constabulary? - Cleveland Police
Date of the offence: - June 2006
Date of the NIP: - 9 days after the offence
Date you received the NIP: - 10 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A66(E) Long Newton(4), Stockton
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
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 - From the time of the offence given, I must have been travelling to work on the A66 Westbound. I didn't notice any kind of flash and I really can't believe that i was speeding past this camera, as I pass it every morning, it is highly visible and it is just before a dangerous T-junction. So, I am always aware of my speed at this point in my journey.
The location of the camera on the NIP is given as A66(E), although it is definately on the A66 Westbound and has been for at least 5 or 6 months. (At this site there are four locations that they move one camera between. Two locations are Eastbound and two locations are Westbound.) Is this a possible mistake on their part?

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Which country did the alleged offence take place in? - England
Did the first NIP arrive within 14 days? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Were you driving? - Yes

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• Complete the PACE witness statement.

Generated by the PePiPoo NIP Wizard v1.0.2: Fri, 07 Jul 2006 12:29:44 +0100



Also, to add to the above there is no signature of any kind on the NIP.

Have you read this thread?

looking good for you
you jammy b*gger

If it doesn't include 'on behalf of the chief constable' or a copy of the CCs' signiture, you appear to be OK.
fatboytim

use the search facility top right of page, put in Cleveland, sit back relax and read at your leisure.

fatboytim

Thanks for the replies,

What should I do with the NIP?
Should I send it back with a letter stating it is invalid, or do I just sit tight and wait for the summons?
Is it wise to ask for the photgraphic evidence at this point, i.e. could they use the oppurtunity to issue me with a new, signed and valid NIP?

Many thanks.

Without the words quoted in my post above, it is not actually a 172 notice, so has no legal standing,
"What should I do with the NIP?"
Frame it,
any good at origami,
Is it soft enough for bathroom use?

Seriously I would ignore it (but keep it safe), and wait for any further correspondence, if they send any let us know.

Just to be sure could you scan and post the NIP/172 so the members can check you are in the clear.

fatboytim

Here is a scan of the NIP/172.
Getting close to my 28 day limit now and I am worried as to whether I should reply in any way to the NIP or sit tight and do nothin'.

Click to view attachment

Click to view attachment

Looks dodgy to me. These are two examples of how it should be done - note the "for an on behalf of the Chief Constable", which is the important bit missing from Cleveland NIPs:

http://forums.pepipoo.com/index.php?act=At...post&id=163
http://www.mustapha.com/nipdec2005/nip.jpg

OK, so should I send them a letter acknowledging the offence and the details of the driver?
If I dont send them anything they can do me for failing to supply the information they requested, is that right?

I think the idea is that your defence is that they haven't stated that the S172 was issued with the authority of the CC, so it isn't a valid request, hence you don't need to reply. However I don't know the specifics of the case, so hopefully somebody else will reply with some info. That said, in the Cleveland case linked above they did reply, were convicted and successfully appealed, so perhaps it might be safer to respond (using the PACE statement) and then object to the evidence in court.

Gareth

With GA, if the notice isn't valid you can't be convicted regardless of what you do, however its worth covering your 6 by giving them the details they seek, so would suggest the PACE ws, you could add something along the lines of:-

Information given freely, although it has not been requested for or on behalf of the chief constable

Then you may here nothing more!

Simon

Hmm..........I'm going to have to disagree Simon.

If you were to put that in, it would make the response admissible as a confession because it is then an "unsolicited comment".