Strange NIP received... possible cloning?
Discussion
My cousin (yes, really) has received a NIP for 49 in a 30 limit. He asked for pictures of the vehicle as the incident was some 300 miles from his house and he has NEVER been to this county before!
Anyway, date of offence is 14th June and the car in the picture is a "royal blue" car and the picture is taken from the front.
Here's the killer, my cousin had an altercation with a garden wall in January this year and replaced the bonnet with a RED ONE! So it would appear that his car has been cloned. (He has a royal blue car with red bonnet currently). His parents can say for sure that he was at home on the day in question (as strangely enough it was his mum's birthday) some 300 miles away.
The bonnet was bought from a scrap yard so no receipt...
Is any of this going to stand up in court, or should he just roll over and get f**ked by the system.
I know this all sounds very dodgy, but i would lay my life in this guys trust, he's one of the most upstanding citizens i think i've ever met.
Anyway, date of offence is 14th June and the car in the picture is a "royal blue" car and the picture is taken from the front.
Here's the killer, my cousin had an altercation with a garden wall in January this year and replaced the bonnet with a RED ONE! So it would appear that his car has been cloned. (He has a royal blue car with red bonnet currently). His parents can say for sure that he was at home on the day in question (as strangely enough it was his mum's birthday) some 300 miles away.
The bonnet was bought from a scrap yard so no receipt...
Is any of this going to stand up in court, or should he just roll over and get f**ked by the system.
I know this all sounds very dodgy, but i would lay my life in this guys trust, he's one of the most upstanding citizens i think i've ever met.
I'd send the NIP back incomplete and unsigned with a letter stating all the facts - that he was 300 miles away, that his car has had a red bonnet since x date (name the breakers even if he hasn't got a receipt), that his parents were with him at the time of the offence, and that he can only conclude that his car has been cloned.
I'd cc the letter to the local constabulary also, with a cover letter reporting the cloning so it's down on record if he gets another NIP (which he probably will...and which he'll probably have to respond to in the same manner).
If they then want to pursue either a speeding case or a s.172 case in court he's got a pretty sound defence, the only possible issue being the fact that his 'witnesses' are his parents. I'd look on the photos for any other 'identifying marks' which could distinguish the two cars.
I'd also suggest he keeps a log of his journeys until such time as the DVLA give him a new registration mark for the car. That will count for a fair bit should some dopey SCP/CPS try and take him to court for a future offence...
One of the proper experts will be along in a minute to add some more detail and probably suggest even more appropriate actions...
I'd cc the letter to the local constabulary also, with a cover letter reporting the cloning so it's down on record if he gets another NIP (which he probably will...and which he'll probably have to respond to in the same manner).
If they then want to pursue either a speeding case or a s.172 case in court he's got a pretty sound defence, the only possible issue being the fact that his 'witnesses' are his parents. I'd look on the photos for any other 'identifying marks' which could distinguish the two cars.
I'd also suggest he keeps a log of his journeys until such time as the DVLA give him a new registration mark for the car. That will count for a fair bit should some dopey SCP/CPS try and take him to court for a future offence...
One of the proper experts will be along in a minute to add some more detail and probably suggest even more appropriate actions...
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