Getting the photo evidence for a NIP?
Discussion
In our local paper this morning there is a letter from someone who has just received a NIP. He claims that the police refuse to provide the photographic evidence.
As the guy points out, it's as if he is being forced to admit his crime without being provided with evidence, or if he does take it to court (where I presume the photo would have to be produced) he would get a stiffer punishment if found guilty.
Is this normal or widespread? It seems unfair to me. Anyone could in theory receive a NIP: no evidence, just sign here and hand over the £60 -- and who could really know whether it was genuine or a fraud with someone in a van making up registration numbers in their spare time? (I'm not suggesting it happens).
As the guy points out, it's as if he is being forced to admit his crime without being provided with evidence, or if he does take it to court (where I presume the photo would have to be produced) he would get a stiffer punishment if found guilty.
Is this normal or widespread? It seems unfair to me. Anyone could in theory receive a NIP: no evidence, just sign here and hand over the £60 -- and who could really know whether it was genuine or a fraud with someone in a van making up registration numbers in their spare time? (I'm not suggesting it happens).
I think they *have* to provide the pics if they say they have them, and you request them. They still have to work within the data protection act, regardless of laws you may have broken.
It's a very good point though, that indicates a certain killer instinct on thepart of the Ticket Office, that wants to intimidate everyone into complience. A large scale game of poker - you don't see the cards until you call their bluff. And that might cost you dearly. On the other hand..
By the way, are you ABD Peter, or just someone with a name that sounds familiar?
C
It's a very good point though, that indicates a certain killer instinct on thepart of the Ticket Office, that wants to intimidate everyone into complience. A large scale game of poker - you don't see the cards until you call their bluff. And that might cost you dearly. On the other hand..
By the way, are you ABD Peter, or just someone with a name that sounds familiar?
C
Most police forces (or camera agencies) will oblige and provide a photo, but they don't have to at this stage.
IF it is to go to court, they must disclose all evidence, including the photos to the defendent.
Please correct me if I'm wrong, but would it not be illegal (peverting the course of justice?) if you admitted for an offence you did not committ?
Don't sign the NIP anyway!!
IF it is to go to court, they must disclose all evidence, including the photos to the defendent.
Please correct me if I'm wrong, but would it not be illegal (peverting the course of justice?) if you admitted for an offence you did not committ?
Don't sign the NIP anyway!!
The NIP is mainly to confirm your driver details. No point asking for evidence at that stage.
Only when you receive the FPT you could (I'm not saying it's smart to do) enter a plea of not guilty - you will then get taken to the Magistrates Court and only then the CPS needs to disclose the necessary evidence within 7 days prior to the Court date.
Hope that helps,
Wim
Only when you receive the FPT you could (I'm not saying it's smart to do) enter a plea of not guilty - you will then get taken to the Magistrates Court and only then the CPS needs to disclose the necessary evidence within 7 days prior to the Court date.
Hope that helps,
Wim
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff