Another question for the BiB's
Discussion
Hi Guys,
My son and I were discussing the issue of NIP's and we wondered what the outcome of the following scenrario would likely be. I say 'would be' rather than 'could be'.
A driver from, say, Devon, is driving in Cumbria and gets zapped by a Talivan. The NIP arrives at his company, it being a company car.
The company ignore it completely. They then receive some sort of reminder and again ignore this completely, marking the envelope 'closed down' or 'gone away - try London area', or something similar.
What happens next? Would Cumbria Camera Partnership ask Devon Police to investigate on their behalf - (who gets the cash if the culprit pays up eventually?) - or would they send officers from Cumbria the 400+ miles to investigate?
There is a school of thought which says that in practice if you keep on throwing the NIP away they just give up eventually, and my son says this happened to someone he shared a flat with in London a couple of years ago. The guy in question threw 2 NIP's in the rubbish, then moved away. Further NIP's/letters were returned unopened marked 'gone away'. Nothing more happened, and no police officer ever came round to the flat. The offence was in Northants and the flat in Islington, London.
My son and I were discussing the issue of NIP's and we wondered what the outcome of the following scenrario would likely be. I say 'would be' rather than 'could be'.
A driver from, say, Devon, is driving in Cumbria and gets zapped by a Talivan. The NIP arrives at his company, it being a company car.
The company ignore it completely. They then receive some sort of reminder and again ignore this completely, marking the envelope 'closed down' or 'gone away - try London area', or something similar.
What happens next? Would Cumbria Camera Partnership ask Devon Police to investigate on their behalf - (who gets the cash if the culprit pays up eventually?) - or would they send officers from Cumbria the 400+ miles to investigate?
There is a school of thought which says that in practice if you keep on throwing the NIP away they just give up eventually, and my son says this happened to someone he shared a flat with in London a couple of years ago. The guy in question threw 2 NIP's in the rubbish, then moved away. Further NIP's/letters were returned unopened marked 'gone away'. Nothing more happened, and no police officer ever came round to the flat. The offence was in Northants and the flat in Islington, London.
Three possibilites and will depend on the diligence/dogmatics of Partnership.
1. File returns W.P.B on cost effective basis, or
2. Request to local Force of address of RK (the Co)to ascertain if in being and may be interview by Plod, or
3. Direct, as no reply, into summons mode against RK for S 172 fail to name. Doubtful as problems could arise with service of summons.
DVD
1. File returns W.P.B on cost effective basis, or
2. Request to local Force of address of RK (the Co)to ascertain if in being and may be interview by Plod, or
3. Direct, as no reply, into summons mode against RK for S 172 fail to name. Doubtful as problems could arise with service of summons.
DVD
Thanks DvD. That's very interesting.
So it looks as if it's best to register your vehicle to a company and ignore the NIP's, just to see if a police officer turns up. If a Mr. Plod does turn up, what are your rights? Are you obliged to say anything and is any such interview covered by PACE. Is this a way of getting back your right to silence?
If the company is no longer trading and has been struck-off at Companies House, or had all it's paperwork sent to its accountants' offices for liquidation, how far will the Pratnerships pursue this if it's out of their county, or even in their county? If the Company Secretary has sent all his/her paperwork to the accountant/liquidator, surely a S172 defence could be that the paperwork which might enable the driver to be identified is no longer available.
If everyone did exactly this the entire cash-camera scheme would fold up, surely. Now, there's food for thought!
I'm about to change my car and I am intending to register it to a non-trading Limited Company we still have, as well as fitting a Road Angel and a Laser-Jammer. Then, if I still get NIPed I'll just cause the company to cease to trade and refer all enquiries to the accountants in Northampton as they will be handling the winding up.
Anybody tried any of this. It may be worth a go.
So it looks as if it's best to register your vehicle to a company and ignore the NIP's, just to see if a police officer turns up. If a Mr. Plod does turn up, what are your rights? Are you obliged to say anything and is any such interview covered by PACE. Is this a way of getting back your right to silence?
If the company is no longer trading and has been struck-off at Companies House, or had all it's paperwork sent to its accountants' offices for liquidation, how far will the Pratnerships pursue this if it's out of their county, or even in their county? If the Company Secretary has sent all his/her paperwork to the accountant/liquidator, surely a S172 defence could be that the paperwork which might enable the driver to be identified is no longer available.
If everyone did exactly this the entire cash-camera scheme would fold up, surely. Now, there's food for thought!
I'm about to change my car and I am intending to register it to a non-trading Limited Company we still have, as well as fitting a Road Angel and a Laser-Jammer. Then, if I still get NIPed I'll just cause the company to cease to trade and refer all enquiries to the accountants in Northampton as they will be handling the winding up.
Anybody tried any of this. It may be worth a go.
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