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Full Version: NIP-TIME RUNNING OUT DUE 2HOSPITAL STAY-NEED ADVICE PLS
FightBack Forums > Queries > Speeding and other Criminal Offences
wil516
Rec'd NIP 21 Oct for offence committed on 15th Oct (for details see my post first NIP in 24 years on page 5 of the judicial process. it goes on to say (and I'll have to type it in full cos I don't know how to copy it here!):
"So far as individuals are concerned, where the driver is alleged to be guilty of an offence to which section 172 Road Traffic Act 1988 applies, the person keeping the vehicle, or any other person, shall give such information that is in their power to give that would lead to the identification of the driver. On conviction such an offence carries a fine up to £1000, endorsement of their driving licence and possible disqualification. The only defence is where the keeper can show they could not, with 'reasonable diligence', ascertain the driver at the time of the detected offence. 'Reasonable diligence' will be considered on its merit but the court may be required to adjudicate in particular cases." and to "Please note that the 28days time limit indicated on the original notification is still effective and is not extended by correspondence."
So.....now what? - I don't want any friends or relatives going to see these photos - and at the mo I can't travel to see them, and time is running out for me.....please help, as I want to fight this, but I don't know how, and I'm not really feeling 100% anyway. Your replies will be gratefully recieved
Lance
If you do know the identity of the driver, I'd consider returning the details on their S172 notice or, preferrably, in a PACE statement. You look a bit silly in court if the identity turns out not to be an issue.

If you genuinely have some doubt as to the identity of the driver, then you can have some fun with obstructive authorities in court.
The Rookie
With lance, if you can't with reasonable dillignece (their quote of "shall give such information that is in their power to give" is for people other than the Keepre so they have it WRONG) determine who wa driving, tell them, give a list of those it could be and explain WHY you can't determine who was driving, if you do know use the PACE letter...

ONE THREAD PER CASE!!!!!!!!

Simon
wil516
QUOTE
ONE THREAD PER CASE!!!!!!!!


Simon,

Please don't shout at me - I've only had an operation on my jaw - it hasn't affected my hearing.

You say one  thread per case - are you on about topics? If that's the case why can't you say that instead? I'm not familiar with all the terminology as I'm not normally a user of forums, so don't shout at me when the proper wording isn't used. If everybody had said 'one topic per case' then I would have added it to the other one.

I don't have the PACE Statement form any more, as I sent it back with the letter which gave my details, and which asked for the photographs to be sent to me, so I cannot fill that in anyway. I am making enquiries about which one of the people who drive my car it could have been, but nobody has owned up to it so far. If I send in a list of possible drivers, will the police interview them? It just might jog a memory or two....
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