N.I.P. - Driving without due care and attention plus...
N.I.P. - Driving without due care and attention plus...
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spoodler

Original Poster:

2,257 posts

172 months

Monday 8th September
quotequote all
Rec'd a phone call from a Police Constable about a fortnight ago.
Call was regarding a vehicle of mine being reported, a couple of days previous, for an incident at a petrol station 150 miles from here. I explained to the officer that it wasn't me, but the reg' quoted did belong to one of my vehicles, so was presumably a mistake, or a cloned plate. He explained that I would be receiving a form through the post, that I would need to fill in and return.

I've received a Form 104 R1/21 - whilst I have no problem with Section A (name, address, licence and ins.), none of the other sections seem relevant and do not offer the option that the vehicle was not involved in the incident in any way.

I'd already pretty much dismissed the call as being nowt to worry about, but having seen the form "Notice of intended prosecution" and the possible charges as being "Driving without due care and attention" and "Failure to stop and exchange details", I can see this could get serious.

I'm inclined to send the form back with a covering letter stating that the vehicle was not involved. Any other advice, and what is likely to happen next?

Thanks.

loskie

6,414 posts

137 months

Monday 8th September
quotequote all
if you weren't the driver you HAVE to name who was.

If deffo not your car (you know that 100%) then a covering letter explaining that is needed.

TBH your initial post is a bit light on detail suggesting that you know more than you have let on at this point and maybe trying to wriggle out or protect some one.. That's maybe unfair of me.

What about petrol station CCTV?

Frimley111R

17,560 posts

251 months

Monday 8th September
quotequote all
Was it on the same vehicle and do you have anything to prove where your vehicle was?

OIC

185 posts

10 months

Monday 8th September
quotequote all
In.

agtlaw

7,213 posts

223 months

Monday 8th September
quotequote all
spoodler said:
Rec'd a phone call from a Police Constable about a fortnight ago.
Call was regarding a vehicle of mine being reported, a couple of days previous, for an incident at a petrol station 150 miles from here. I explained to the officer that it wasn't me, but the reg' quoted did belong to one of my vehicles, so was presumably a mistake, or a cloned plate. He explained that I would be receiving a form through the post, that I would need to fill in and return.

I've received a Form 104 R1/21 - whilst I have no problem with Section A (name, address, licence and ins.), none of the other sections seem relevant and do not offer the option that the vehicle was not involved in the incident in any way.

I'd already pretty much dismissed the call as being nowt to worry about, but having seen the form "Notice of intended prosecution" and the possible charges as being "Driving without due care and attention" and "Failure to stop and exchange details", I can see this could get serious.

I'm inclined to send the form back with a covering letter stating that the vehicle was not involved. Any other advice, and what is likely to happen next?

Thanks.
A notice of intended prosecution does not mean that you will be prosecuted. It's a warning that you may be prosecuted.

Is there an email address?

If not then send a letter outlining the above.

Police will check ANPR.

spoodler

Original Poster:

2,257 posts

172 months

Monday 8th September
quotequote all
Suspicious mind or what? You have as much info' as I do.

Neither I, nor the vehicle were involved.

No, I don't have any proof of where I was that day, it was a fortnight ago and being retired, one day is much the same as another. I do know for certain that I wasn't within a 120 miles of the incident.

The issue is the lack of options on the form - namely, "I was the driver", "I'm the owner, but on that occasion the driver was..." or "I no longer own the vehicle". No option for, "Your information is incorrect", so I can only imagine that a covering letter is best, then presumably "whoever" will decide whether or not to pursue this depending on whatever evidence they have...


spoodler

Original Poster:

2,257 posts

172 months

Monday 8th September
quotequote all
agtlaw said:
A notice of intended prosecution does not mean that you will be prosecuted. It's a warning that you may be prosecuted.

Is there an email address?

If not then send a letter outlining the above.

Police will check ANPR.
Thank you.

No email address and the only contact no. is "101".

When we spoke on the 'phone, the officer ended the call saying that he was off to the petrol station to check CCTV footage, which I presume he has done before sending this notice.

BertBert

20,506 posts

228 months

Monday 8th September
quotequote all
feels pretty simple. Don't overthink it, agtlaw knows his stuff, follow his advice!

BlueJazz

670 posts

189 months

Monday 8th September
quotequote all
If you have an android phone for example, you could use the timeliness to illustrate where you have been as it tracks you via GPS.

spoodler

Original Poster:

2,257 posts

172 months

Monday 8th September
quotequote all
BertBert said:
feels pretty simple. Don't overthink it, agtlaw knows his stuff, follow his advice!
I was just starting on a covering letter, then thought I'd ask on here before going any further. I agree, 'probably am overthinking, I'd not really given this a second thought 'til I read the possible charges.
Right, back to the covering letter - emails would probably be easier, but...


spoodler

Original Poster:

2,257 posts

172 months

Monday 8th September
quotequote all
BlueJazz said:
If you have an android phone for example, you could use the timeliness to illustrate where you have been as it tracks you via GPS.
Hopefully, I won't need to prove anything - as I can't imagine I'd have any way of proving where I was... Certainly don't have any modern tech' (no phone at all), but cheers for the suggestion.

BertBert

20,506 posts

228 months

Monday 8th September
quotequote all
I may be too relaxed, but as you weren't there, when reviewed, the evidence won't show you there, so you won't need any counter evidence!

spoodler

Original Poster:

2,257 posts

172 months

Monday 8th September
quotequote all
BertBert said:
I may be too relaxed, but as you weren't there, when reviewed, the evidence won't show you there, so you won't need any counter evidence!
My thoughts exactly... thanks for reminding me.

MikeGTi

2,615 posts

218 months

Tuesday 9th September
quotequote all
I had similar recently where my car was cloned, although my NIP included a handy direct line to the people concerned...

I called them up and explained the situation, they then required me to provide photos of each angle of my car. Fortunately, I was also able to provide the tracking details of where the car was at the time of the NIP. Although, they never actually asked me to return the NIP itself.

A day or so later I received a letter saying they'll be taking no further action against me.

Frimley111R

17,560 posts

251 months

Tuesday 9th September
quotequote all
BlueJazz said:
If you have an android phone for example, you could use the timeliness to illustrate where you have been as it tracks you via GPS.
But it doesn't track the vehicle. Someone else could have been driving it.

Pica-Pica

15,420 posts

101 months

Tuesday 9th September
quotequote all
Frimley111R said:
BlueJazz said:
If you have an android phone for example, you could use the timeliness to illustrate where you have been as it tracks you via GPS.
But it doesn't track the vehicle. Someone else could have been driving it.
A Sat Nav on the car may have tracking, however.

spoodler

Original Poster:

2,257 posts

172 months

Tuesday 9th September
quotequote all
MikeGTi said:
I had similar recently where my car was cloned, although my NIP included a handy direct line to the people concerned...

I called them up and explained the situation, they then required me to provide photos of each angle of my car. Fortunately, I was also able to provide the tracking details of where the car was at the time of the NIP. Although, they never actually asked me to return the NIP itself.

A day or so later I received a letter saying they'll be taking no further action against me.
That's sort of what I would have expected.
I've already spoken to the officer dealing with this - he phoned me before sending the N.I.P. So, he is fully aware of my statement that it's either a mistake or cloned. He actually asked me if it was advertised for sale at the moment, it's not, but there are plenty of pic's of it out there on the 'net. Had he wanted them, I could have sent pictures there and then... for all I know, their evidence shows a different make/model/colour... which might have been enough to satisfy them.


Terminator X

18,257 posts

221 months

Tuesday 9th September
quotequote all
spoodler said:
Suspicious mind or what? You have as much info' as I do.

Neither I, nor the vehicle were involved.

No, I don't have any proof of where I was that day, it was a fortnight ago and being retired, one day is much the same as another. I do know for certain that I wasn't within a 120 miles of the incident.

The issue is the lack of options on the form - namely, "I was the driver", "I'm the owner, but on that occasion the driver was..." or "I no longer own the vehicle". No option for, "Your information is incorrect", so I can only imagine that a covering letter is best, then presumably "whoever" will decide whether or not to pursue this depending on whatever evidence they have...
Interesting this as it seems a very real issue for people yet no option to say that on the Police form. I'm suspicious by nature and it sounds like this may end badly! Afaik it's an offence to not name the driver but what to do if you honestly don't know^. I'd be tempted to find a Police Station, explain the situation and see what they say.

^other than write a letter (and hope for the best) as AGT says

TX.

MikeGTi

2,615 posts

218 months

Tuesday 9th September
quotequote all
Mine was in relation to a speed camera activation and I dealt directly with the central ticket office / road safety unit, so was likely far simpler!

Although, the car involved was same make/model and near enough the same colour. The only differences were the wing mirrors and front grill, but different enough!

BertBert

20,506 posts

228 months

Tuesday 9th September
quotequote all
Terminator X said:
Interesting this as it seems a very real issue for people yet no option to say that on the Police form. I'm suspicious by nature and it sounds like this may end badly! Afaik it's an offence to not name the driver but what to do if you honestly don't know^. I'd be tempted to find a Police Station, explain the situation and see what they say.

^other than write a letter (and hope for the best) as AGT says

TX.
It's not quite like that. The offence goes away if you tell what you know and can diligently find out. Give or take. ETA: that's if you are the keeper. If not you don't have to do any finding out.

Edited by BertBert on Tuesday 9th September 11:45