Illegal use of a motor vehicle for towing and COVID-19
Illegal use of a motor vehicle for towing and COVID-19
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Discussion

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
Imagine the scene, your mate receives an 'Intention to Prosecute" letter. It states on it the following;

(1) Unnecessary travel under section 64 of the British COVID 19 control measures 2020.

Which he completely agrees to, as he was pushing his luck a bit, however, it also states;

(2) Illegal use of a motor vehicle for towing.

Which has its issues for sure!! He indeed wasn't licenced to be towing in his more than capable vehicle, his friend was. AS, his friend has a full trailer licence etc. His friend was driving and insured through a 3rd party for a 24hr period.

What is this guys question?? On the 'NIP' it states - Ref No. / Vehicle details / Offence(s) / Date, time & location - Then followed by FINE: £400. So does this 400 quid sort all the problems and lift the corner of the carpet. Or, is this an admission of guilt and an opening of a big old can of worms??

Friend is incredibly wealthy as he just sold a motorbike for 2 grand so the 400 is not an issue biggrin (toungue in cheek) but is this the end of it???

Psycho Warren

3,087 posts

142 months

Thursday 30th July 2020
quotequote all
YOu need to clarify part 2. Were they stopped? Snitched on? tripped a camera?

Normally you would name the driver for driving offences.

That could mean if he names his mate, he personally could later be fined under COVID for being a passenger.

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
Psycho Warren said:
YOu need to clarify part 2. Were they stopped? Snitched on? tripped a camera?

Normally you would name the driver for driving offences.

That could mean if he names his mate, he personally could later be fined under COVID for being a passenger.
Yes this is the worry. Plus, as they used a 3rd party insurer what is to say they won't find a way of worming out of cover and therefor, landing that poor chap in the dirt.

This must have been a camera as there was no police interaction. Friend who owns the vehicle and is the named driver etc who has received the NIP is happy to pay the £400 but, is this the end of it or would they list points etc ontop of this fine at this initial contact stage??

Psycho Warren

3,087 posts

142 months

Thursday 30th July 2020
quotequote all
You need more detail of the NIP really.

If they tried to do him for towing, it would be driving otherwise than in accordance with your license which is a hefty fine and points. At which point, name the actual driver and the illegal towing part goes away.

COVID is irrelevant as no insurer has said people are not insured for driving during covid as driving legally is a road traffic matter and covid is not. He could have the same fine for walking somewhere or cycling without good reason and outside of the COVID rules at the time of the offence.

silverfoxcc

8,405 posts

174 months

Thursday 30th July 2020
quotequote all
THis is not trolling ,but Cummings got over that by saying he was covered in thre act..Although my request to my local MP asking him to point out the relevant paragraphs, remained unanswered

Perhaps if he want to 'rock the boat ' under to Covid ruling, a legal chat may well be worth it

rxe

6,700 posts

132 months

Thursday 30th July 2020
quotequote all
How can they possibly determine whether these offences have been committed by a camera shot?

markjmd

563 posts

97 months

Thursday 30th July 2020
quotequote all
Based on the information as presented in the OP, I'd question whether the letter has come from a legit source at all. It reeks of phishing scam.

gazza285

11,137 posts

237 months

Thursday 30th July 2020
quotequote all
Section 64...


Section 64


MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
So it gets a bit wild now!! Now the panic has died down, and a long chat has been had with a Road Traffic Lawyer. My pal has noticed an awful lot of spelling mistakes and spacing issues on the letter. eg:

Regardeless
impossed
rRoad
ofer
Sir/ Madame

So next step is to clarify it's bloody legit! Then, onto how to pay the fine as, there is no reply address shown. Very very odd.

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
gazza285 said:
Section 64...


Section 64
Hmmm, I'm not the brightest by this time of day but really struggling to follow this page. Can you explain please? It reads to me that no action required.

gazza285

11,137 posts

237 months

Thursday 30th July 2020
quotequote all
MKM87 said:
Hmmm, I'm not the brightest by this time of day but really struggling to follow this page. Can you explain please? It reads to me that no action required.
Section 64 has absolutely nothing to do with unnecessary travel, or the illegality of it.

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
gazza285 said:
Section 64 has absolutely nothing to do with unnecessary travel, or the illegality of it.
Nice one. Thanks for that.

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
And one hour twenty minutes later,,, West Yorkshire Police do not recognize the Ref No.



idea


NGee

2,935 posts

193 months

Thursday 30th July 2020
quotequote all
It's a scam or a wind up, take your pick.

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
markjmd said:
Based on the information as presented in the OP, I'd question whether the letter has come from a legit source at all. It reeks of phishing scam.
It does. Thanks for this comment as it has helped calm my pal and made him pay attention to the intricacies of the letter. And also thanks to the chap that posted the link to the COVID guideline. All very suspect.

MKM87

Original Poster:

106 posts

105 months

Thursday 30th July 2020
quotequote all
NGee said:
It's a scam or a wind up, take your pick.
I tentatively agree. Although I need clarification from West Yorkshire Police of this.

Cheers all. If interested I can post up the outcome. Current sit rep:

Email sent to West York Camera Unit to clarify reference numbers as West Yorkshire Police (patched to from a general 101 call) do not have any of the vehicle or personal details. And also do not recognize his name or vehicle details.


NGRhodes

1,291 posts

101 months

Thursday 30th July 2020
quotequote all
Was the owner and vehicle correctly identified ?
How were they asking to take payment ?

Justin Case

2,195 posts

163 months

Thursday 30th July 2020
quotequote all
When was the date, travel restrictions were eased on 3 July, ie you could travel to holidays, second homes, etc, and were eased for other non-essential travel earlier. Check the date, sure sign of a scam if one. And shouldn't an NIP ask for the name of the driver?

unident

6,702 posts

80 months

Thursday 30th July 2020
quotequote all
MKM87 said:
Imagine the scene, your mate receives an 'Intention to Prosecute" letter. It states on it the following;

(1) Unnecessary travel under section 64 of the British COVID 19 control measures 2020.

Which he completely agrees to, as he was pushing his luck a bit, however, it also states;

(2) Illegal use of a motor vehicle for towing.

Which has its issues for sure!! He indeed wasn't licenced to be towing in his more than capable vehicle, his friend was. AS, his friend has a full trailer licence etc. His friend was driving and insured through a 3rd party for a 24hr period.

What is this guys question?? On the 'NIP' it states - Ref No. / Vehicle details / Offence(s) / Date, time & location - Then followed by FINE: £400. So does this 400 quid sort all the problems and[b[ lift the corner of the carpet. [/b] Or, is this an admission of guilt and an opening of a big old can of worms??

Friend is incredibly wealthy as he just sold a motorbike for 2 grand so the 400 is not an issue biggrin (toungue in cheek) but is this the end of it???
What does that bit in bold mean?

SS2.

14,712 posts

267 months

Thursday 30th July 2020
quotequote all
Justin Case said:
And shouldn't an NIP ask for the name of the driver?
No, a NIP requires no action on the part of the recipient.