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Benjarni0
Hi all, first time posting and was wondering if anyone could give me some advice if possible.
My dad received a nip through for dangerous, careless and inconsiderate driving at a time when I would have been driving the car, we fully intend sending the nip back naming me as the driver there is one thing on there that is abit strange, they have named a road name that appears in quite a few towns around here all 4-5 completely separate roads but the town/city mentioned on the nip (sturry, Canterbury) doesn't have a Canterbury Rd and I don't travel as far as sturry Canterbury on my route to work,
However I do travel down a Canterbury Rd thanet for about 6 miles that is about 4 miles away from the town stated on the nip. ( but the possible incident wasn't on Canterbury Road)

I hope that makes sense Its hard to explain
Basically all I want to know is if it would be worth attaching a note to the form my dad filled out notifying them of the non existence of the road in that area or would it just annoy the case officer?
And also I'm expecting to have to make a statement can i/a solicitor obtain any details they have on the incident before I make a statement, I'm not trying to dodge anything just be best prepared.
Any help would be great fully received.
Jlc
Your post seems to imply you are 'aware' of an incident. The location may well be from another member of the public - you don't appear to have been disadvantaged.

It is recommended not to have any interview at home but to go to the station where you will be able to request a duty solicitor at legal aid rates.
Gan
Your father can simply return the form naming you as the driver of the vehicle

When you receive your own request, you can return it confirming that you were the driver but you were neither in the town nor can you identify the location
You have no obligation to tell them where any incident might have taken place

I suspect that this is the result of an allegation by a member of the public

Don't agree to be interviewed in your home
Only agree to an interview at a police station where a solicitor must be provided

As you seem to have some idea what it's about, write down everything you can remember while your memory is fresh

Benjarni0


I'm not planning on having it at home and I'm planning on sourcing my own solicitor as I'm unsure if the duty solicitors not specialising in motoring offences would be a slight disadvantaged for want of a better word, I'm just struggling to find a motor offence solicitor locally


What's the deal with obtaining information before an interview, do they disclose information ie. Others statement or any video before an interview or is it only before court you can request such information?
Benjarni0
QUOTE (Gan @ Sun, 10 May 2015 - 22:33) *
Your father can simply return the form naming you as the driver of the vehicle

When you receive your own request, you can return it confirming that you were the driver but you were neither in the town nor can you identify the location
You have no obligation to tell them where any incident might have taken place

I suspect that this is the result of an allegation by a member of the public

Don't agree to be interviewed in your home
Only agree to an interview at a police station where a solicitor must be provided

As you seem to have some idea what it's about, write down everything you can remember while your memory is fresh


So you don't think pointing out the fact there is no identifiable location by the name of what's on the nip would aggravate them at all? Last thing I'd want to do is pour petrol on a fire so to speak
Gan
The S172 request asks who was driving the vehicle at a certain place and time

If the place doesn't exist, it's impossible to answer the question

Raising the issue has another advantage - it casts doubt on the reliability of whoever complained and makes it more likely to result in no further action or the offer of a course
Benjarni0
QUOTE (Gan @ Sun, 10 May 2015 - 23:52) *
The S172 request asks who was driving the vehicle at a certain place and time

If the place doesn't exist, it's impossible to answer the question

Raising the issue has another advantage - it casts doubt on the reliability of whoever complained and makes it more likely to result in no further action or the offer of a course


Would I be best off sending in a letter raising the issue with the first nip or with the nip that will come addressed to me? Or in a completely different letter with the reference number attached?
Never had anything like this before so I'm abit lost with what to do unfortunately dry.gif
Gan
I don't see any problem with your Dad asking for further information to identify the location, but he must take care with the timing

It must be more than 14 days after the alleged event to prevent them sending a corrected NIP in time
He must still return the S172 naming you as the driver before the 28 days deadline regardless of the reply
The Rookie
The two could of course ben done in one letter by naming the 'keeper' at the time of the alleged offence while politely pointing out that the location is a nonsense
Gan
I agree

That's a very tidy way to do it

Write "See attached" on the form
Staple a brief letter to it that refers to you as "keeper" not "driver"

Say that he cannot identify the named location that doesn't exist on the Post Office postcode finder or any map that he's consulted

Keep a copy
Ask for a certificate of posting when he returns it
Benjarni0
QUOTE (Gan @ Mon, 11 May 2015 - 10:23) *
I agree

That's a very tidy way to do it

Write "See attached" on the form
Staple a brief letter to it that refers to you as "keeper" not "driver"

Say that he cannot identify the named location that doesn't exist on the Post Office postcode finder or any map that he's consulted

Keep a copy
Ask for a certificate of posting when he returns it


Unfortunately without telling me he's posted it this morning as its getting towards the end of the 28 days and he obviously doesn't want to get punished for not sending it back... So what would be the next best thing? Writing a letter and sending it off to the same place with the case reference number and a brief letter pointing it out and sending it off tomorrow morning first class recorded or waiting till my nip comes through and query it, I was just thinking that if they got it with the first nip they may send out a fpn with the nip that would be addressed to me and be done with it? Just a thought really I don't know how these things work
AntonyMMM
QUOTE (Benjarni0 @ Mon, 11 May 2015 - 12:38) *
Unfortunately without telling me he's posted it this morning as its getting towards the end of the 28 days and he obviously doesn't want to get punished for not sending it back... So what would be the next best thing? Writing a letter and sending it off to the same place with the case reference number and a brief letter pointing it out and sending it off tomorrow morning first class recorded or waiting till my nip comes through and query it, I was just thinking that if they got it with the first nip they may send out a fpn with the nip that would be addressed to me and be done with it? Just a thought really I don't know how these things work


If you want to query the accuracy of the location, then you are suggesting that the NIP isn't valid ( which may eventually end up being for a court to decide). An FPN is for cases where someone admits guilt and wants to avoid the court process ... you need to decide which route you are attempting and what it is you are trying to achieve.

However, an FPN is very unlikely to be the outcome for an offence that may stretch to dangerous driving, but as we don't know the details it is difficult to comment on that.

I would just await your copy of the NIP and then if you wish you can reply stating you were the driver on date/time but not at the place specified (as it doesn't exist)..
Jlc
It is hard to comment without knowing more details - the 'incident' could be dealt with by way or course, fixed penalty or prosecution depending on the alleged offence and severity.

Tread with caution as the location may be as a MoP has recalled and may be unfamiliar with the area - whilst there are certain protocols to be followed they may look at it less favourably and err towards a prosecution instead.

But nothing of note will happen to the driver is 'confirmed'. Remember the admission of driving is not admission of guilt of any alleged offence.
Kickaha
If there was a "memorable incident" at or around the time stated I cannot see a magistrate being convinced that you were misled or inconvenienced by the inaccurate location.

Questioning it may however prompt the police to let the courts decide.

It really is your call on it as we do not know any of the circumstances surrounding this request.
Benjarni0
Just abit dubious about saying anything on here didn't know if anything can be used against me if I said the wrong thing I'm just a bit paranoid tbh and never been in trouble at all before so it's all a bit new ha
Jlc
Yes, this is a public forum so anything you publish could be 'used against you'. Although, the gist of the incident/allegation wouldn't appear to prejudice your case as the facts should win out.
Kickaha
We do understand (and in my case would encourage) a reticence to put anything on here that may harm you in any way.

My point was not to draw you out in any way, but to get you to consider your positionn re how memorable the "incident" was.
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