NIP - and not guilty ?!

Author
Discussion

Fartgalen

Original Poster:

6,637 posts

207 months

Tuesday 12th June 2012
quotequote all
A mate of mine just phoned me in a bit of a panic. He's just received an NIP for speeding.
It's his registration number, and it states there's photographic evidence (which he hasn't seen).
The date/time of the alleged offence was 5:19 on the 8th June - on the A677 outside Blackburn.
Matey has never even been to Blackburn and he was working until 6 in the morning that day. He's a truck driver.
So obviuosly there's some mistake with the camera reading, or someone driving on false plates. And my mate has his tacho and work sheets to prove he was not in the car, or even near Blackburn at the time, so nothing to worry about.
But what's his course of action ?

RedWhiteMonkey

6,852 posts

182 months

Tuesday 12th June 2012
quotequote all
I'd assume he have to contest it in court, provided he can present the evidence you've outlined I'd expect the courts dismiss the case.

Stoofa

958 posts

168 months

Tuesday 12th June 2012
quotequote all
I expect the NIP is asking for the identity of the driver of the vehicle. If this is your friend then this is the first thing he needs to comply with - not identifying is a sperate offence worth 6pts on the license etc.
Your friend then needs to not accept the FP ofer and instead elect to take it to court, at this point his evidence can be presented and as long as its all in order he will leave without a fine and without any points.

Snowboy

8,028 posts

151 months

Tuesday 12th June 2012
quotequote all
This happened to a mate of mine.
Someone had cloned his car.

He never had to go to court.
He called the courts and explained the problem.
He then needed to send a short letter explaining the problem and some photos of his car and some proof of where his car was at the time.
There were a few hurdles to prove he wasn’t lying, but it was all resolved.


First thing the mate needs to do is call the courts and tell them that it wasn’t his car.
The courts will tell him what to do next.
I’m sure he’s not the first person this has happened to.

longblackcoat

5,047 posts

183 months

Tuesday 12th June 2012
quotequote all
When I was in this situation I wrote, stating the circumstances (wrong colour, my car never left my control, provably not me, etc), stating that I obviously couldn't identify the driver, and that either their photo was wrong or someone had copied mine. I was sent a letter a short time later saying that no further action would be taken.

Presumably there are a fair number of cloned plates around.

ferrariF50lover

1,834 posts

226 months

Tuesday 12th June 2012
quotequote all
Fartgalen said:
A mate of mine just phoned me in a bit of a panic. He's just received an NIP for speeding.
It's his registration number, and it states there's photographic evidence (which he hasn't seen).
The date/time of the alleged offence was 5:19 on the 8th June - on the A677 outside Blackburn.
Matey has never even been to Blackburn and he was working until 6 in the morning that day. He's a truck driver.
So obviuosly there's some mistake with the camera reading, or someone driving on false plates. And my mate has his tacho and work sheets to prove he was not in the car, or even near Blackburn at the time, so nothing to worry about.
But what's his course of action ?
I have faced this exact situation (and am qualified to answer the question anyway). I shan't detail my circumstances on open forum (by am happy to PM you), but it was all resolved with a letter to the Camera Partnership in question. They made some enquiries and sent back a jolly nice letter, confirming that they too had their suspicions and that the 172 request was cancelled.

Your friend will have a 172 request (a request for driver information). He MUST fill this in and return it, a defence to speeding is NOT a defence to a 172 allegation. Tell him to fill in the notice as best he can, and to include a well written and detailed letter explaining why he cannot identify the driver. Send it recorded delivery and do not expect the process to be quick.

The other problem is, of course, that there is someone out there running about on his number plates. He must send a copy of everything to the police force concerned. If he goes to the website of the force, he should find a likely looking address for correspondence, if not, then 101 it and ask the operator.

Have him do this and let us all know how he gets on. Better yet, but him a couple of hours in an internet cafe and let him tell us himself biggrin

Simon.

daz3210

5,000 posts

240 months

Tuesday 12th June 2012
quotequote all
Can the fella say where his car was at the time? e.g. was it at his place of work, with keys with him?

If not, he could be guilty of failing to say who was driving, which is a whole different thing.

He can prove that he wasn't the speeding person, but proving it was not him driving is another thing.

davepoth

29,395 posts

199 months

Tuesday 12th June 2012
quotequote all
Fartgalen said:
A mate of mine just phoned me in a bit of a panic. He's just received an NIP for speeding.
It's his registration number, and it states there's photographic evidence (which he hasn't seen).
The date/time of the alleged offence was 5:19 on the 8th June - on the A677 outside Blackburn.
Matey has never even been to Blackburn and he was working until 6 in the morning that day. He's a truck driver.
So obviuosly there's some mistake with the camera reading, or someone driving on false plates. And my mate has his tacho and work sheets to prove he was not in the car, or even near Blackburn at the time, so nothing to worry about.
But what's his course of action ?
As has been said, he does need to respond. It's acceptable to respond in a letter attached to the form with "please see attached" written on the form, and I suggest that's the best way to go.

Write a letter explaining that at the time in question he was working as a truck driver, tell them the company name and contact details, give an approximate location at the time (county would be enough if he was at the wrong end of the country), and include copies of his tacho card (or printout) and work sheets. It's worth telling them that you have reported the incident as a possible case of a stolen registration. Assuming he's the only person who is allowed to drive the vehicle or has access to the keys, that should be enough to convince them it wasn't him.

Send it to them by recorded delivery (or special delivery, but that's expensive) as he really needs to make sure his response is received since they don't need to send a reminder.

Dwight VanDriver

6,583 posts

244 months

Tuesday 12th June 2012
quotequote all
As above write in with full details AND ask to see the photo.
Could it have been another member of the posters family/friend
When confirmed notposters vehicle report to Plod of a possible cloned vehicle.

dvd

Fartgalen

Original Poster:

6,637 posts

207 months

Tuesday 12th June 2012
quotequote all
All sound advice thanks.
And all passed on.

Fartgalen

Original Poster:

6,637 posts

207 months

Tuesday 12th June 2012
quotequote all
No - not possible anyone else in family or friends was driving.
He's the only insured driver and the car hasn't been away from it's home outside Sheffield. Not even his missus drives it. It's a Ford Mustang which she won't touch cos it's LHD.

daz3210

5,000 posts

240 months

Tuesday 12th June 2012
quotequote all
Fartgalen said:
No - not possible anyone else in family or friends was driving.
He's the only insured driver and the car hasn't been away from it's home outside Sheffield. Not even his missus drives it. It's a Ford Mustang which she won't touch cos it's LHD.
So its not even as if its something common like a Mondeo.

When I had a similar problem, local station would not take a report of cloning/stolen identity without firm proof this had happened.

davepoth

29,395 posts

199 months

Tuesday 12th June 2012
quotequote all
Fartgalen said:
No - not possible anyone else in family or friends was driving.
He's the only insured driver and the car hasn't been away from it's home outside Sheffield. Not even his missus drives it. It's a Ford Mustang which she won't touch cos it's LHD.
Well that makes things a bit more interesting. Definitely mention that it's a LHD Mustang in the letter, and ask for copies of the photographs, the chance that the plates are on another mustang are slim to none.

Fartgalen

Original Poster:

6,637 posts

207 months

Tuesday 12th June 2012
quotequote all
davepoth said:
Well that makes things a bit more interesting. Definitely mention that it's a LHD Mustang in the letter, and ask for copies of the photographs, the chance that the plates are on another mustang are slim to none.
Precisely Dave.

Aretnap

1,663 posts

151 months

Tuesday 12th June 2012
quotequote all
It's not impossible that his car has been cloned, but at a guess I'd think it's more likely that it's a simple case of a misread numberplate.

supermono

7,368 posts

248 months

Tuesday 12th June 2012
quotequote all
So living alone, if someone cloned my plate and I had no alibi I'd be guilty.

Awesome.

How come murder and bank robberies aren't stuck on people the same way? Conviction rates would improve no end.

Anyone still have an ounce of respect left for the road policing system? Thought not ...

SM

W124Bob

1,745 posts

175 months

Wednesday 13th June 2012
quotequote all
If this gets out of hand with other issues more NIP's parking tickets etc, one suggestion I read was to put the number on retention and put the cheapest personnel plate you can find on the car,what age of Mustang are we talking about?