Alleged dangerous

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Discussion

puzzled

Original Poster:

9 posts

248 months

Sunday 14th September 2003
quotequote all
littel update. checked the parlimentary acts and hort2 producer thing is only relevant if stopped at roadside by police officer. so wont be producing documents. em. there is also a serious typing error on the paperwork to do withthe date eg ambiguous non calendar date. they make me laugh.

silverback mike

11,290 posts

254 months

Sunday 14th September 2003
quotequote all
Must admit, it has confused the hell out of me the way the thread has unfolded.

Certain bits are correct, indeed jeffrey archer quotes re the Road traffic act are correct.

Best advice is definately to take legal advice, a solicitor can bat from your side, as I believe you to be genuinely confused. Legal gabble is pretty confusing at the best of times, even worse when you dont know what it is referring to.

Mike.

Gfun

620 posts

250 months

Sunday 14th September 2003
quotequote all
Take legal advice - being in the right does not make you safe - sell the car, move house, work in europe for 6 months - it will be cheeper than a dangerus driving convition - whoever is pushing it knows the law and is intent on hurting you. discretion is the better part of valor run.

Bassfiend

5,530 posts

251 months

Monday 15th September 2003
quotequote all
streaky said:
BTW - you have checked the "Worst driving" threads on here to make sure none of them was you ... haven't you?

Only joking!


Wonder whether he got out of his car a couple of weekends ago and punched someone...

Phil

Tivster

359 posts

251 months

Monday 15th September 2003
quotequote all
I've been monitoring this with interest.
I find it somewhat difficult to believe the following:

1. Our man doesn't have any idea of what he is alleged to have done.
2. He doesn't know who may be responsible and isn't aware of anyone with a grudge.
3. It being the truth, the whole truth and nothing but the truth...

To me, it smacks of a wind up one way or the other. If it's not then get the officers name - should be on the paperwork that's been sent i.e. the HORT/1 and the NIP, go to your local Nick and make a complaint regarding procedural errors and demand an explanation.

[scepticmode]Assuming of course that this thread isn't itself fabrication[/scepticmode]

Just my opinion...

Tivster

jeffreyarcher

675 posts

249 months

Monday 15th September 2003
quotequote all
Tivster said:
go to your local Nick and make a complaint regarding procedural errors and demand an explanation.

But wait 'till the 14 days are up!

Fat Audi 80

2,403 posts

252 months

Monday 15th September 2003
quotequote all
Had a similar thing happen to me a few years ago, but the case was genuine, (In that I was actually on the road at the time of the said incident although I could not recall doing anything wrong).

To cut a long story short, I had to attend the local police station, and agreed to undergo a taped interview. Now I know you may all think that was stupid, as I did not request legal advice because as far as I was concerned I had done nothing wrong and had nothing to hide. I did the taped interview and admitted that I was on the road at the time and date in question. However I did not admit to the alleged offences, which were overtaking, speeding, going round a roundabout to overtake said victim a second time and racing another car.... The interview lasted about a ten minutes I think, during which time I agreed on tape that the witness statement described me fairly accurately but stongly denied all other charges. I was then free to go, but was told this case would remain open until they had contacted the other driver who I was alledged to have been racing. After about 6 weeks I recieved a letter saying the case had been dropped and no further action was being taken.

It has occurred to me that you can get almost anyone in the same situation as me, if you have a car number plate, good description and can be bothered to go to a police station and make a statement. At the end of the day though, it is going to be your word against theirs unless there are other witnesses....

HTH.

Steve.

Tivster

359 posts

251 months

Monday 15th September 2003
quotequote all
jeffreyarcher said:

Tivster said:
go to your local Nick and make a complaint regarding procedural errors and demand an explanation.


But wait 'till the 14 days are up!

No don't wait - they'll only ask you why you did wait. You do not have to confess anything, you are there to make a complaint - nothing more nothing less.

I still think that this is a poorly informed attempt at a wind up.

jeffreyarcher

675 posts

249 months

Monday 15th September 2003
quotequote all
Tivster said:

jeffreyarcher said:

Tivster said:
go to your local Nick and make a complaint regarding procedural errors and demand an explanation.

But wait 'till the 14 days are up!

No don't wait - they'll only ask you why you did wait. You do not have to confess anything, you are there to make a complaint - nothing more nothing less.
I still think that this is a poorly informed attempt at a wind up.

Yes wait, assuming that it is a conspiracy (by a third party, or the police themselves) they will just fix the problem by issuing a new correct NIP. The issuing of a bogus and malicious HORT1 (again assuming that the story is correct), have already proved the police to be, in this case, corrupt (for whatever reason).

silverback mike

11,290 posts

254 months

Monday 15th September 2003
quotequote all
I think jeffrey old bean, you have been watching too much telly.

silverback mike

11,290 posts

254 months

Monday 15th September 2003
quotequote all
Further to that, "puzzled" if this isn't a wind up I will eat my pants


Tivster

359 posts

251 months

Monday 15th September 2003
quotequote all
silverback mike said:
Further to that, "puzzled" if this isn't a wind up I will eat my pants



I'll second that - all though I don't relish eating some elses pants so I'll stick with my own - Sorry Mike I'm sure your pants will be quite tasty..

Tivster

madcop

6,649 posts

264 months

Tuesday 16th September 2003
quotequote all
madant69 said:
I think you're right about the producer. I thought you had to be told at the time of issue that "you have 7 days from midnight tonight to produce blah blah etc..."

This smacks of a wind up...can you post a scan of the nip?

>> Edited by madant69 on Saturday 13th September 19:54


No it does not. You do not have to be given a producer at the time you were stopped and one can be issued at anytime in relation to an incident if you cannot produce your documents when asked by an investigating officer.

For instance, your documents are in your office drawer 30 miles away when the officer knocks on your door in the evening to interview you about an alleged offence that happened 2 weeks ago. He can still issue you the request to produce and you still have 5 or 7 days depending on the nature of the incident he is investigating to produce them from the moment you were asked for them.

The form istelf is a reminder only and not a legal document.
The verbal requirement is the legally binding fact.

The offence is committed the moment the documents are asked for and cannot be produced on demand. The law allows 5 or 7 days for you to do so at a Police station of your choice. The offence is committed at the time you cannot produce them to the officer and not 5 or 7 days later!

hertsbiker

6,313 posts

272 months

Tuesday 16th September 2003
quotequote all
ok, I've spoken to Puzzled.
Sounds like the paperwork is indeed incorrect. No detailed info is there, no traffic acts listed on the "producer" bit. Vehicle wasn't stopped by a BiB, therefore no caution given. Matter reported by Member of Public (MOP? yay, new TLA !! ).
So no proof, no evidence whatsoever, only an allegation that is not being described.
My advice was to ask for all the evidence before taking action, and that the "producer" is not a legal document as it is addressed "to the driver". If you take your docs to the Nick, it looks as if you are admitting to an undisclosed offence?
Strange eh?
rgds.

madant69

847 posts

248 months

Tuesday 16th September 2003
quotequote all
madcop said:

The verbal requirement is the legally binding fact.


That's what I said innit? I was trying to make the point that you can't be sent a HORT/1 through the post...no-one has given the verbal requirement.

jeffreyarcher

675 posts

249 months

Tuesday 16th September 2003
quotequote all
hertsbiker said:
If you take your docs to the Nick, it looks as if you are admitting to an undisclosed offence?

You may not be admitting to an undisclosed offence, but you are certainly admitting to being the driver.
hertsbiker said:
Strange eh?

Extremely.
silverbackmike said:
I think jeffrey old bean, you have been watching too much telly.

Perhaps not.

silverback mike

11,290 posts

254 months

Tuesday 16th September 2003
quotequote all
What a complete fiasco.
If this were me 'puzzled' I would be off down to the issuing station, hort 1 (not 2) in hand (The hort2 is the corresponding bit filled out in the station).
Ask to see the issuing officer, or if he/she is not available the duty SGT.

Take an interested brief with you (not just anyone, believe me, a lot are a waste of space, take someone who knows their stuff) and thrash it out.

It sounds so much like a wind up it is unreal.

Get to the bottom of it.

You don't have to admit...(stitch up, corrupt cops, bla bla bla) but for goodness sake, get someone to make a decision.

The suspence is killing me.

Mike.

silverback mike

11,290 posts

254 months

Tuesday 16th September 2003
quotequote all
suspence, is it suspence or suspense?

r55mur

177 posts

251 months

Tuesday 16th September 2003
quotequote all
silverback mike said:
suspence, is it suspence or suspense?


suspenc.. suspens... eh!!, excitement....

suspense it is...

hertsbiker

6,313 posts

272 months

Friday 3rd October 2003
quotequote all
Ok. Surprise surprise.

I am "Puzzled". Ted would confirm it if you doubt me.

I posted anonymously as I was actively fighting the case, and I was worried my thrasher reputation would affect opinion.

Just been told it has been dropped due to grave errors on their part, that I pointed out thanks to Jeff Arch & pals.

I still can't tell you what it was I was supposed to have done - they won't tell me !!!!!

My thanks to all the good advice... and remember...

its really easy to amek a fake id on pistonheads innit? good onyyer from puzzled


There is VERY good news regarding "out of time" and incorrect Police procedure.


See you all soon, I'm back! can't post from work anymore really - but I hope they'll forgive me just this one celebratory message.



C