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FightBack Forums > Queries > Speeding and other Criminal Offences
mr.t
Hello All:

1. England
2. Cheshire
3. 26/07/05
4. 29/07/05
5. 30/07/05
6. Yes
7. First class
8. Yes I am the RK
9. Full UK
10. Zero
11. On the M6 at 83mph apparently - don't recall being snapped though.

The story so far:

19/08/05 I wrote to request photographs of alleged offence (using pepipoo model letter)
24/08/05 They acknowledged my letter.
02/09/05 Still no photos, I wrote to inform them that I was going on holiday for 2 weeks and would not be able to deal with anything until my return on 19th Sept.
14/09/05 Photographic evidence arrived (6 weeks after NIP). Colour front view images from 130meters, no discernable face visible, slight outline of a persons head, just dark windows.

It is now the 28th September (2 months after NIP) and I have not yet received a reminder from them as I have not returned any paperwork.

I think it was probably me driving, so as I see it I have 2 options (not including paying the CO):

1. Do nothing, get a summons for 'failure to furnish', pay a lawyer to attend on my behalf and get the charge dropped on a technicality. A few motoring law firms have quoted me between £800 and £1500 to do this - apparently with a 100% success record. They assure me they could apply for costs and get the money back.

2. Be brave & go for the PACE statement route

Question:
Do they have to send me a reminder, or have I committed an offence already by not returning any papers?

Thanks
Lance
Technically you may have committed an offence by not returning the S172 info within the time period given. On the other hand, you may have a para 7 defence of not practicable to return the info sooner. Given the latter, I would guess that it is 'safe' to return the PACE statement without much risk of S172 prosecution. Or go with your solicitors, if any good; up to you.
mr.t
Just received my final warning this morning........ so they haven't forgotten about me. sad.gif

Just out of interest, a lot of people here talk about getting an NIP and then asking if they'll later get a conditional offer??

Surely the conditional offer is PAGE 2 of the NIP??????

Why do people say: "if I don't return the NIP will I get a conditional offer"??

Am I missing something??
andy_foster
Different forces use different forms and different procedures.

A NIP is invariably combined with an s.172 request, but most forces send a separate COFP, where applicable.
OU812
QUOTE (mr.t)
Surely the conditional offer is PAGE 2 of the NIP??????


Technically it is inappropriate to send the conditional offer with the NIP because the recipient of the NIP might not have been the driver (they may just be the RK). However, some forces include the offer to save time.
jeffreyarcher
QUOTE (OU812)
Technically it is inappropriate to send the conditional offer with the NIP because the recipient of the NIP might not have been the driver (they may just be the RK). However, some forces include the offer to save time.

I don't know that you can say that. I believe that that is why COFPs were extended to England in RTA 1991. Previously, COFPs were only used in Scotland. England had FPNs, which obviously couldn't be sent to someone other than the driver, due to their 'default convict' nature.
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