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#Post#: 131699--------------------------------------------------
Received a NIP need advice
DIR By: Uktrucker79
Date: September 29, 2026, 7:47 am
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Hi guys so i received a NIP at the time i was driving my truck
it says driver not in position to have proper control-endorsable
offence,ive claimed me as the driver already ive looked at the
evidence photos theres 3 it says in image 1 mobile phone usage
but i cant see a mobile phone in any of the images neither can
claude ai or chatgpt,so i think they have gone for the lesser
offence of not in proper control,my question is how can they see
this from images as im sat up straight in normal seated position
cant see my head in any of the images only thing you can see is
my right hand is not on steering wheel is reaching over to left
hand cant identify a mobile and i have zero idea what im doing i
dont use my mobile at all when driving everything is bluetooth
and comes through my built in system,i will wait and see what
exactly there are trying to prosecute me for before i decide
whether to get a solicitor.
#Post#: 131706--------------------------------------------------
Re: Received a NIP need advice
DIR By: JRHartley
Date: September 29, 2026, 8:57 am
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It would probably be worth showing the photos on here. (Use an
image hosting site)
Be aware that, depending on the device used, these might be
still images from a video which may show an offence more
clearly.
#Post#: 131722--------------------------------------------------
Re: Received a NIP need advice
DIR By: Ratus Ratus
Date: September 29, 2026, 10:40 am
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where was the offence? - some uk police are using non approved
devices to capture such offences.... maybe a bit of an abuse of
process as they cant prove using a phone offence & aiming for
a lower offence ...what evidence of the lack of control do they
have... probably none.
Driver must still be named though - dont risk a fail to nominate
offence.
#Post#: 131723--------------------------------------------------
Re: Received a NIP need advice
DIR By: roythebus
Date: September 29, 2026, 10:46 am
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Are you an owner/operator or do you drive for a company? Asking
so we can find out if the s172 letter has gone direct to you or
your employer. Does the cab have internal CCTV or cab-facing
dashcam like some have.
#Post#: 131776--------------------------------------------------
Re: Received a NIP need advice
DIR By: BertB
Date: September 30, 2026, 3:56 am
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--- Quote from: Ratus Ratus link ---
>
> where was the offence? - some uk police are using non approved
devices to capture such offences.... maybe a bit of an abuse of
process as they cant prove using a phone offence & aiming for
a lower offence
--- End Quote ---
What exactly are these non-approved devices and where was it
stated they were not type approved? Given that video/camaera
evidence is not needed anyway, it seems a bit of a stretch.
However as using a hand held mobile device is not the offence
alleged, it is probably not relevant either.
#Post#: 131810--------------------------------------------------
Re: Received a NIP need advice
DIR By: NewJudge
Date: September 30, 2026, 11:15 am
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I suggest that the mobile phone issue is a red herring.
There is no allegation that you used one, only that you did not
have proper control of the vehicle. I have to say that reaching
over to your left with your right hand is a fairly strong
argument to support that.
The police might offer you a “What’s Driving Us?” course which
will cost you about £100 (though I believe some forces will not
offer courses when the vehicle involved is an HGV). If not, a
fixed penalty (£100 and 3 points) will be the probable
alternative.
The decision for you will be whether to accept whatever offer
they make or go to court and plead not guilty. If you are
convicted following a trial you are unlikely to leave with any
change from £1,000.
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