N.I.P Advice - Was not anywhere near location

[zarjaz1991]

Hmmm. Need some advice please on how to progress with a Notice of Intended Prosecution.

There are two issues I have that I need to sort:

1. The NIP is for a location in Lytham on Monday 29th June - I was staying in Rochester, Kent, with work from Sunday 28th June until Tuesday 1st July and obviously never went near Lytham. I haven't ever been to Lytham by car (went there on the train briefly in April 2014). So firstly I need to know to make this information known, as there are no legitimate options I can fill in on the reverse.

2. The vehicle reg is definitely my vehicle - so how have they got this? I am hoping it's some sort of transcription or misreading error, but I'm guessing there is a possibility the registration number has been copied and used on another car.

Location is given as "A584 Clifton Drive South / Clifton Drive NR King Edward Ave (30mph), Lytham (Mobile), UNITED KINGDOM"
If that's a mobile camera, do those take photographs? As photographic evidence will hopefully prove it isn't me.

[zarjaz1991]

I've just looked at the photographic evidence via their website.

They have misread the registration - a letter "Y" in my reg has been read as a "V".

The vehicle in the photo is a silver Ford Focus - mine is a white Ford Mondeo.

So, it's not a cloned number plate issue....but how do I stop the NIP?

[zarjaz1991]

aw51 121565 said:

Ring them and discuss, coming to an agreed conclusion that it wasn't your vehicle in the pics (and get the name of the person you speak to) - followed by a stern "following my conversation with xx on dd/mm/yy date at hh:mm hrs, this wasn't my vehicle" (in simple terms, I am in drink and you'll need to spell out the details) letter to them...

It's VERY easily sorted at this stage . /End of...


PS 'They' confused a V for a Y (or vice versa) and didn't do QC on the pic of the vehicle vs. DVLA records to make sure alles gute? (Have they not heard of "Lean"?? As a public employer, they should have... )

Thanks...yes, I don't know if these things are manually checked, I can see how it might look like a V but a simple check on the reg would have revealed the error, so either they don't bother or its read electronically with no cross checks.

There doesn't seem to be any means to phone them up, but I shall attempt to on Monday. However I'll need to send the form back with a covering letter (no options on the form cover this) because if I don't I'll be guilty of an offence of failing to supply information and end up with 6 points even though the whole thing has nothing to do with me.

[zarjaz1991]

I suppose I can put up the reg photo, or at least part of it. (My real reg is on photos on here anyway).

The photo shows JXV - mine is JXY.

I can see how it's been misread but am amazed these things are not checked.

[zarjaz1991]

aw51 121565 said:

Ideally, every last one is checked (by folks sat round a coal fire behind an oak door drinking Earl Grey in luxurious surroundings ) - but you're dealing with a sausage factory cum production line here ; they'll soon back down (but don't expect much of an apology ) .

PS be prepared to evidence (witness statements from employer and colleagues etc) that your Mondeo was many miles away from Lytham at the date and time 'they' specify - "belts & braces" and all that guff, should the sausage factory produce an 'off' one and present it to you (I know this metaphor is duff but I think you know what I mean and you come across as honest ).

Thanks...one would *hope* that I wouldn't need witness statements since the vehicle in the photos is very obviously a silver Ford Focus and the vehicle they've summonsed (mine) is very obviously a white Mondeo.

[zarjaz1991]

supermono said:

Actually why help them at all telling them the correct number?

Because it's my licence that's at risk (in terms of having points added to it) if this isn't sorted out pronto.

Additionally, I am at this point obliged to declare it as a "pending prosecution" to my employers, and quite probably my insurers as well.

It should be remembered, this isn't a mere typo on a NIP - this is very obviously the wrong vehicle. The wrong person is going to be summonsed to court if I get this wrong, and despite that, if for any reason the authorities deem that I didn't supply sufficient information, I could still get six points for failing to supply. I am now "in the system", a system which is designed to quickly and efficiently endorse my licence and extract money from me. If I do not act promptly and decisively, that system will run its course even though clear evidence exists that I am not guilty of any offence.

[zarjaz1991]

garyhun said:

This happened to me a few years back.

I just wrote back saying it could not be me as I was miles away and could prove it.

Never heard back.

All very easy to sort..

I feel I need to go further than that and actually point out what the error is. My feeling is that I need to do everything I can to assist the authorities so that they stop this pending prosecution.. If I don't there's a very real risk I'll end up taking the hit for this.

I don't believe there's any danger in stating to them "the vehicle in the photo is not my vehicle" and then mentioning that the registration mark on it is slightly different to mine and thus is must have been misread.

I'm loathe to just give them minimal information and hope that they figure it out for themselves....can anyone suggest a good reason why I shouldn't give as much information as I can? I'm not interested in "sticking one up the police" here, I just need to ensure I don't end up with points on my license and thus a hearing at work to decide if I should be dismissed!

[zarjaz1991]

supermono said:

In this case please make sure you wait until after the 14 days has elapsed before you tell them the error, this will make sure their intended victim can't be fleeced.

"Slip rules" would surely cover that...they made a mistake and amending that won't stop the actual driver being prosecuted, I think.

Whether they'll go for him / her remains to be seen, as that will probably now involve some manual input....these things appear to function based on complete automation.

Either way, harsh as it sounds, I can't worry about the other driver. My only priority is to ensure I don't end up with points for someone else's offence (or more worryingly, for failing to supply information).

Remember, the police's default position on this is "either name the driver or you get six points for failing to supply". It's physically impossible for me to name the driver since the photograph is of someone else's vehicle, so I can't fill in the form, and not filling in the form results in prosecution for failing to supply. I'd then have a nightmare on my hands trying to unpick that, and I could actually lose my job while fighting it. No thanks!

[zarjaz1991]

Seems to be sorted.

I phoned the ticket office today and explained the situation. They looked up the two vehicles and confirmed it is a transcript error. They are going to send me a letter to confirm.

To cover myself, I have also sent the form back with a covering letter explaining things so I'm covered from all angles.

Although I'm not a huge fan of the police at times, I have no desire to deliberately mess them about. This is an error, it just needed rectifying.

Thank you to everyone who advised.

It may seem ridiculously simple to solve, but you can easily get caught up in these automated professes. One wrong move and you've actually committed an offence even though you are not the correct person, as agtlaw has alluded to. Best to handle it correctly.

Also, you never get anywhere in life trying to "get one over on people", especially the police

Edited by zarjaz1991 on Monday 6th July 09:58