Dodging camera tickets
Discussion
Having recently recieved an NIP camera offence thingy to incriminate myself, it occurs to me what would happen if I return the form saying it was me but don't sign it and then return it on recorded delivery.
Wouldn't this get round the section 172 'you must declare bit' but make it inadmissable as evidence? As I think I'm right in saying statements etc have to be signed by the witness? Also if you send it recorded delivery you'll have proof that you've returned the form.
What do you think?
Matt
>>> Edited by 350matt on Tuesday 28th January 15:49
Wouldn't this get round the section 172 'you must declare bit' but make it inadmissable as evidence? As I think I'm right in saying statements etc have to be signed by the witness? Also if you send it recorded delivery you'll have proof that you've returned the form.
What do you think?
Matt
>>> Edited by 350matt on Tuesday 28th January 15:49
You need to send a covering letter with the NIP stating why you cannot complete the NIP in the way that has been 'requested' and scrawl across the NIP ' refer to attached covering letter' with your initials outside the signature box. They cannot say you did not comply with their requests though I cannot see any legal requirement to complete the NIP in the way they request. The important thing is whether in your reply you make an effective defence to a potemntial Section 172 offence
I know of a Policeman who said that...
If the NIP doesn't come recorded or special delivery you can bin it.
The RTOA clearly says it HAS to be sent recorded or special delivery. If it doesn't there's no proof it was a) ever sent, or b) ever received!
NIP? What NIP your Honour? Can you provide proof of delivery Mr Prosecutor? Oh dear, what a shame!
BIN IT!
Hang on, just found it... Road Traffic Offenders Act 1988, Part I (Trial) 1.1(cii) and 1.2.
>> Edited by JackaL_200sx on Tuesday 28th January 17:00
If the NIP doesn't come recorded or special delivery you can bin it.
The RTOA clearly says it HAS to be sent recorded or special delivery. If it doesn't there's no proof it was a) ever sent, or b) ever received!
NIP? What NIP your Honour? Can you provide proof of delivery Mr Prosecutor? Oh dear, what a shame!
BIN IT!
Hang on, just found it... Road Traffic Offenders Act 1988, Part I (Trial) 1.1(cii) and 1.2.
>> Edited by JackaL_200sx on Tuesday 28th January 17:00
So, how do they prove they ever sent it?
The Police could forget to send it, say they did, and you'd get done!
The Police in this country do take some liberties when it comes to prosecuting motorists! Burglars get a much easier time. They, for example, are innocent until proven guilty at least!
The Police could forget to send it, say they did, and you'd get done!
The Police in this country do take some liberties when it comes to prosecuting motorists! Burglars get a much easier time. They, for example, are innocent until proven guilty at least!
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