Help - Search - Members - Calendar
Full Version: An unusual NIP considering the "crime"
FightBack Forums > Queries > Speeding and other Criminal Offences
redboy
I have received a NIP for Driving without due care & attention and Dangerous driving. I have not responded yet. It came first class normal post.

I can only assume it refers to a journey made when I overtook a slower moving car (40 mph) on a straight clear single carriageway (60 limit) road. It was BEFORE a junction, but by the time I was drawing clear of the car being overtaken, I was only 100ft or so from the juntion. At this time (by which time I was doing apporx 55 mph) a car emerged from the minor road on the RHS (despite the give way sign for him - he must not have been looking where he was going) and turned onto the carriageway of the main road so as to be head to head with me (I was in the lane for opposite traffic, as I was still overtaking).

I had to move quickly back to the correct carriageway "cutting up" the car I overtook in order to avoid collision, and was quite close to both the car overtaken and the car which did not stop at the junction.

There was no contact between any of the cars, nor did anyone sound their horn or flash lights. Everyone just continued their journeys.

A few days later I receive the NIP, so I can only conclude that one of the drivers must have reported me to the police, as I didn't see any police around (in a very rural area).

As there is no mention of any evidence on the NIP, whats the deal here? OK I did overtake near to a junction, but then the person who joined the main road from the minor road without stopping, ignoring the give way & not looking where they were going were hardly following the rules either. It would seem the only evidence is what one person has reported to the police.

It seems a bit out of proprtion that I could be facing the consequences of a dangerous driving offence for one (admittedly poorly judged) overtaking manoeuvre in 17 years of otherwise offence and point free motoring.

What should I do? I would hope that a magistrate would take the circumstances into account and either let me off or give me a low points penalty for driving without care and attention, but as this has the POTENTIAL to be a very serious penaly for dangerous driving I am worried.

I will be taking legal advice but was wondering what other forum members think of this and what would be the best way to proceed and likely outcome?

Thanks!

Redboy.
saracengb

Please do the NIP wizard - all pages and post the response back here.
redboy
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - February 2008
Date of the NIP: - 1 days after the offence
Date you received the NIP: - 2 days after the offence
Location of offence (exact location as it appears on the NIP: important): - B1149 Hevingham, Norfolk
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 -

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? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.

    You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 16 Feb 2008 22:02:22 +0000
Pikachu
The incident has obviously been reported to the police by a witness. (Bear in mind either car could have been driven by an off duty police officer or be an unmarked police car). The witness has obviously been able to provide your car's registration number and the police have sent out an NIP/S172 to find out who the driver was.

When you reply naming yourself court is unlikely to be the next step. Instead an officer will contact you and ask you to make a statement/ interview you to get your side of the story.

If they decide they have sufficient evidence at that stage for dangerous driving they will report you for summons -or possibly charge you (much quicker). If they consider they have enough for due care/ careless/ driving without reasonable consideration they will either do the same OR as you have a good record and no-one was injured they will refer you to NDIS a course for which you have to pay (£200?) but if you pay for it and complete it they will not take you to court (so no points)

I would suggest you write down now exactly what happened to the best of your recollection and then you can use that to refresh your memory later as the police are unlikely to have time to interview you quickly.
fedup2
If it is a member of public thats reported you,and you dont hang yourself,its very unlikley to be taken any further.
Grassing on other motorists is a growing trend,but really,Who are they to judge?

firefly
Good advice from Pickachu.

I have to say that, based on the facts you've given us, it is the car that emerged from the junction without looking properly that should have received the NIP.

One must always look left and right when emerging from a junction.
redboy
Hello again,

Thank you all for your replies. I am going to get some legal advice this afternoon from a local speciailist traffic lawyer, and I will report with what is advised.

Thanks once more for your help -will keep you posted on how things pan out.

Redboy.
The Rookie
I would add that as local Police forces are not very good at NIP's and how to do them legally, its worth getting the NIP (and presumably an attached S172 request) looked at carefully to see if it is legal!

Simon
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2019 Invision Power Services, Inc.