Update on previous
Author
Discussion

TOPTON

Original Poster:

1,514 posts

266 months

Friday 24th February 2006
quotequote all
Mate gets NiP and returns it saying female partner was driving. Week later, She gets the NiP, fills it in and returns it with License/cheque.

3 days later, he gets NiP again saying, "here is the photos of offence, it looks like a male driver, do you want to rethink"

Next day, License is returned to female partner-3 points on it and a receipt for £60

What do they do next?

BliarOut

72,863 posts

269 months

Friday 24th February 2006
quotequote all
Interesting... They would have to overturn her conviction first in order to convict him surely?

Einion Yrth

19,575 posts

274 months

Friday 24th February 2006
quotequote all
TOPTON said:
Mate gets NiP and returns it saying female partner was driving. Week later, She gets the NiP, fills it in and returns it with License/cheque.

3 days later, he gets NiP again saying, "here is the photos of offence, it looks like a male driver, do you want to rethink"

Next day, License is returned to female partner-3 points on it and a receipt for £60

What do they do next?


Wait for the court summons, the scammers're going to look pretty stupid trying to pin the same offence on two people, whereas in the original case your mate and his missus complied with S172 in good faith, they just misremembered in the absence of the necessary photographic evidence.

Dwight VanDriver

6,583 posts

274 months

Friday 24th February 2006
quotequote all
Very,very interesting Blair O.

Appears to be two options.

Firstly to do nothing and sweat it out, or

Secondly get it all above board. From what is described SCP could get very heavy and pass to Plod for in depth investigation in case fraud was contemplated in the GF taking the points. Serious matter indeed.

Mate has completed form stating GF driver which from the photo is not true. In addition to the offence (possible) under Section 172 RTA of failing to name driver would also appear to have committed an offence (possible) against Section 67 RTO Act 1988 - false statement on Notice. GF also commits the later offence (possible) in accepting blame. Now those are just the summary offences. Very much heavier is the offence of conspiring to pervert the course of justice IF interview of both should reveal so.

Consideration should be given to a quick frank approach to SCP with a full and true account of what went on which on the face of it could be a genuine mistake (I hope so).Possibility of this pre-empting an official enquiry?

Strange but none of my notes etc refer to how to revoke a FPN once it has run its course. Plenty on how to get a conviction at Mags Court overturned. Under the Act FPN means......... a Notice offering the opportunity of the discharge of any liability to conviction of the offence to which the notice relates by payment of a fixed penalty........ so as such a conviction has not taken place. Presume Justices Clerks Office where FPN are paid will have administrative procedures righting the wrong and the removal of points wrongly recorded on a Driving Licence.

dvd

>> Edited by Dwight VanDriver on Friday 24th February 14:55

jazzyjeff

3,652 posts

289 months

Friday 24th February 2006
quotequote all
Maybe his gf looks like a bloke??! ;-)

Flat in Fifth

48,854 posts

281 months

Friday 24th February 2006
quotequote all
I stand by my advice on previous thread which sort of concurs with DVD without the legalese.

Don't prat about with Cumbria.
Write and say that your previous answer was in all good faith based on earlier discussions and that your considered opinion was that gf was driving and replied thus.
However next point out that Cumbria say that evidence is such that you question whether it was gf driving which has now got you wondering if your memories are right.
Now point out Cumbria sent you gf licence endorsed and £60 notes receipted.
So question if Cumbria are now saying after looking at their evidence again that claim gf driving was correct and Cumbria wrong or is it an administration mistake? In other words two parallel lines running from the same NoIP?
Ask for the assistance of the photo evidence and assure them you will do the right thing, doing nothing at this point is imho not a sensible option.
Mind you I bet a weeks pocket money, (25p) that any photo they send will be unusable, Data Protection Act sir/madame.

Oh what a tangled web, and all this time presumably whoever and his brother are still naming each other. What was his name? 200SX??



>> Edited by Flat in Fifth on Friday 24th February 15:55

Flat in Fifth

48,854 posts

281 months