Help - Search - Members - Calendar
Full Version: [NIP Wizard] English resident caught in Scotland
FightBack Forums > Queries > Speeding and other Criminal Offences
barcelona1
NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - October 2008
Date of the NIP: - 2 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - A74M Glasgow - Carlisle Road, southbound carriageway nearto Whicketthorn Overbridge, Kirkpatrick Flemming
Was the NIP addressed to you? - No
Was the NIP sent by first class post, second class or recorded delivery? - Recorded
If your are not the Registered Keeper, what is your relationship to the vehicle? - Girlfriend's car which either one of us may have been driving at the time
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 - No idea, do not recall the event and therefore who was driving.

We both live in the South of England and were up in Scotland for the weekend. We shared the 400 mile (ish) journey so am unsure where we were caught.

NIP was sent recorded delivery to the registered keeper (my girlfriend) and states that it was a camera van and states the speed at 100mph.


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)? - No
Is the NIP addressed to you personally? - No

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
  • Do nothing!

    The police are not requesting the information from you, they are requesting it from the person the NIP is addressed to.
    Wait until you receive a NIP addressed to you personally, then come back here.

Generated by the PePiPoo NIP Wizard v3.3.2: Wed, 22 Oct 2008 01:01:40 +0100
barcelona1
Okay... further to this a few questions!

We dont know who was driving but favour the unsigned route which seems like the best course of action being English residents. However, who's details should the RK put on the unsigned form, their own or mine?

1) Should we perhaps be asking for photo evidence to help establish identity within the 28 day period, then completing the NIP based on this?

2) Should the RK wait 26 days and then put my name on the form?

3) Should this first form be signed?

4) I would then wait 26 days and return an unsigned form?

5) Surely proceeding by entering one of our details is illegal unless we are sure?

6) If we do ask for photo evidence and it is clear from the photo evidence, does this change the ability to return the NIP unsigned?
andy_foster
QUOTE (barcelona1 @ Wed, 22 Oct 2008 - 01:12) *
We dont know who was driving but favour the unsigned route which seems like the best course of action being English residents. However, who's details should the RK put on the unsigned form, their own or mine?

1) Should we perhaps be asking for photo evidence to help establish identity within the 28 day period, then completing the NIP based on this?

2) Should the RK wait 26 days and then put my name on the form?

3) Should this first form be signed?

4) I would then wait 26 days and return an unsigned form?

5) Surely proceeding by entering one of our details is illegal unless we are sure?

6) If we do ask for photo evidence and it is clear from the photo evidence, does this change the ability to return the NIP unsigned?


1. Generally a good idea.
2. #1 is generally preferred.
3. If RK names you, she should probably sign the form. If she names herself, probably not.
4. Probably
5. This is where is gets complicated (or not).

It is not an offence per se to recklessly furnish a false statement, although if you name the wrong driver, you would seem to have failed to comply with the requirement of s. 172 to name the actual driver. This would only be an issue if they could prove that you had named the wrong driver.
N.B. We do not suggest, advise, or condone knowingly providing incorrect information, but making a guess if you genuinely do not know who was driving is not in itself an offence
Gaza
Try thinking hard about where you changed over drivers. The location you have been zapped is around 4 miles from the border and the start of the road works. Where did the journey start? Who was driving at the beginning? Did you refuel at any point?

Does your NiP actually state Whicketthorn? The reason I ask is there is no such place. There is a Wicketthorn (no h) near to Kilpatrick Flemming.
Tivver
The location given to the OP is exactly the same as was given to me in a NIP for an alleged offence in September when my car was parked up and I was at work (with CCTV to prove!) They haven't bother to reply to two recorded letters I sent them (sorry if this is hijacking the thread!)
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.