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DIR Return to: Speeding and other criminal offences
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#Post#: 14030--------------------------------------------------
NIP for speeding - but I was at work 140-ish miles away!
DIR By: Nannycorn
Date: January 19, 2024, 4:30 pm
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Received a NIP yesterday (34 in a 20, apparently), but at the
time of the alleged offence I was at work 140-ish miles away!
Misread reg plate? Cloned plates? How do I proceed with this?
#Post#: 14040--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: andy_foster
Date: January 20, 2024, 2:53 am
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It doesn't matter where you were - what matters is where your
car was.
#Post#: 14044--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: Nannycorn
Date: January 20, 2024, 3:51 am
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My car was in the car park adjacent to the office where I work.
The key was in my coat pocket on the back of my chair.
#Post#: 14047--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: guest46
Date: January 20, 2024, 4:45 am
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E-mail or phone and ask them to recheck the image - a mis-read
is most likely Cloning happens but is rare. Most (not all) will
happily help and may even look at the image while you're on the
call and describe the car to you.
#Post#: 14049--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: Nannycorn
Date: January 20, 2024, 5:37 am
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No email option to contact the Speed Enforcement Unit. The phone
line is only available 08:00-13:00 Tuesday and Thursday. When I
called on Thursday, after I got the NIP, in 1hr and 45 mins I
had progressed from number 58 in the queue to number 27. It's
ridiculous.
#Post#: 14050--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: guest46
Date: January 20, 2024, 5:42 am
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Sup to you how much time/effort you're prepared to expend. Send
a special Delivery letter 1st thing Monday?...........get proof
of posting, but pick your words carefully. you have 28 days I
assume?
#Post#: 14051--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: Nannycorn
Date: January 20, 2024, 6:06 am
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I guess it'll have to be snail mail - I work full time and I
doubt my employer is going to let me wait on the phone for a
couple of hours on Tuesday morning trying to get through!
#Post#: 14059--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: andy_foster
Date: January 20, 2024, 8:58 am
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There are 2 separate issues - the requirement under s. 172 RTA
1988 to name the driver, and the possibility that somebody might
be driving around with a clone of your plates.
As regards the first, you are asserting that your car was not
involved in the offence as it was not at the location in
question at the time in question. As such, you [are asserting
that you] are not the person keeping the vehicle that was
involved in the offence, so your obligation is to provide any
information that is in your power to give and that might lead to
the identification of the driver. In this case, such information
would be that it was not your vehicle as it was 140 miles away
at the time. If there is no appropriate section on the s. 172
form to provide such a response, send a signed letter to the
effect of the above, stapled to the form and write "SEE
ATTACHED" across the form (the format is "best practice", as
opposed to a requirement).
Unless the police re-check the photos and see that they needed
to go to Specsavers, they may well want to investigate your
claim further. You may want to pad out your initial response
with more detail and evidence in order to reduce hassle later,
but there is no obligation to do so.
However, if somebody is running around with a clone of your
plates for nefarious reasons (cloned plates are surprisingly
rarely used for altruistic reasons), you might want to get this
reported to the proper police asap and get the DVLA to issue you
new plates.
Determining whether it was simply a case of one of the shaved
chimps in the back office misreading the plate or whether some
miscreant is in the process of generating a load of tickets in
your name, is generally best resolved by contacting the
CTO/FPSU/whatever.
The other possibility is that the time/date is simply wrong - if
your car was at the place in question at some other time/date -
in which case it might be prudent to wait until it is too late
to serve a corrected NIP within the 14 days to contact them, but
this seems unlikely.
#Post#: 14062--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: Nannycorn
Date: January 20, 2024, 9:59 am
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My car was most definitely not there, and whatever car WAS
there, I can offer no information at all regarding the driver.
Although the NIP does specify the make of vehicle correctly, is
this info obtained from DVLA when they search on the reg?
I did a search with possible reg numbers that might have been
misread, and came up with a valid plate for a different make of
car (if a D was misread as O).
As for a possibly incorrect date and/or time, I've never been to
the location specified. I've been to Bath, but not for at least
15 years, never to that part of Bath and never by car.
My money is on a reg number misread, which is an understandable
human error, but lawd, what a carry on!
The form requests a letter to confirm I dispute the offence,
together with photos of my car (front, rear, left and right side
views) and any other information I can provide, so I have a
print of my Google timeline for that day. I also have an entire
office full of people who can vouch for my whereabouts on that
day, and potentially computer logs and CCTV too.
All I was really looking for was a template or suggested wording
for the letter. I'll be requesting a copy of their photographic
evidence, as I believe I have a right to do so.
Hopefully it is just a misread of the reg and it'll all go away
once someone with two functioning eyes and a couple of
braincells to rub together takes a second look.
#Post#: 14063--------------------------------------------------
Re: NIP for speeding - but I was at work 140-ish miles away!
DIR By: NewJudge
Date: January 20, 2024, 10:27 am
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--- Quote ---
> I'll be requesting a copy of their photographic evidence, as I
believe I have a right to do so.
--- End Quote ---
No, you don't have that right.
As Andy says, since your car wasn't there, you were not the
person "keeping" whatever car was. You need to make sure you
comply with your duty under s172 and if you provide a letter as
Andy suggests that should do the job. If you are prosecuted
under s172 it seems that as well as your own testimony, you have
ample evidence to prove what you are saying and you should make
sure that evidence is preserved.
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