Help - Search - Members - Calendar
Full Version: Fixed penalty offer after 2 unsigned NIPs
FightBack Forums > Queries > Speeding and other Criminal Offences
lunarscope
I received an NIP from North Wales Police for doing 62 in a 50 limit (recently lowered limit on dual-carriageway) and identified myself as the driver but didn't sign it. I received the expected reply, along with the original, stamped NIP and a reminder to sign it. I sent it back (special delivery), along with a covering letter (unsigned) asking where in law does it state that I must sign. I have now received an offer of a fixed penalty. Can anyone suggest what I should now do ? Should I simply ignore it (I tore it in half immediately on receiving it) or should I reply, rejecting the offer ? I am thinking that it may also be useful in court in case they decide to charge me with an S172 offence. (I could argue that the Police must be satisfied with the information I have provided as they have sent me a fixed penalty offer !) Any thoughts on this ?
The Rookie
If you intend to go further, then destroying any evidence is a bad move, but yes, arguing that the police must have been satisified it was a 'confession' is OK, unless the magistrates interpret PACE such that you are guilty of speeding anyway.

Simon
Observer
QUOTE (lunarscope)
I received an NIP from North Wales Police for doing 62 in a 50 limit (recently lowered limit on dual-carriageway) and identified myself as the driver but didn't sign it. I received the expected reply, along with the original, stamped NIP and a reminder to sign it. I sent it back (special delivery), along with a covering letter (unsigned) asking where in law does it state that I must sign. I have now received an offer of a fixed penalty. Can anyone suggest what I should now do ? Should I simply ignore it (I tore it in half immediately on receiving it) or should I reply, rejecting the offer ? I am thinking that it may also be useful in court in case they decide to charge me with an S172 offence. (I could argue that the Police must be satisfied with the information I have provided as they have sent me a fixed penalty offer !) Any thoughts on this ?


If you have been offered a fixed penalty, it does suggest that NWP is satisfied you have discharge your legal obligation to provide infromation. You could ignore the FP offer and request/await court hearing. Then you should plead "no case to answer" because no evidence of identity of driver. Possibly NWP intend to introduce unsigned form as a confession and they could still introduce s.172 charge.
lunarscope
Thanks for that. However, I was under the impression that the unsigned form couldn't be used in evidence, even as a confession. If it gets to Court then my plan was to use the "no evidence" defence on the speeding charge and then the "but the Police must be satisfied with my information as they have sent me a Fixed Penalty Offer" for any S172 charge. What do you think of this plan, also should I request separate hearings (assuming this isn't a bluff by the Police). Unfortunately, I think that Mr Brunstrom is not the bluffing sort.
firefly
Hi Lunarscope,

It would appear that NWP are satisfied with your "legal obligation being met" and are bluffing, knowing the position on unsigned forms and their (in)admissibility in front of the legal establishment.

There is no real coherent reason for them sending you out a Fixed Penalty offer. Is there?

regards

ff
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.