NIP with few details about the offence
Discussion
I recently got caught by a talivan (i think) in Nottinghamshire. When the NIP came through they told me I had been caught exceeding the speed limit but have not told me what speed I was caught at. They cited the Data Protection Act to say that they were unable to give further details of the offence until I returned the NIP.
Is this a recognised way of doing things?
I have not yet returned the NIP, but I have signed it as I was the only person who could have been driving.
Does any one have any recommendations on what to do next or any thoughts on the likely penalty for doing perhaps 85 in a 60?
Thanks
Is this a recognised way of doing things?
I have not yet returned the NIP, but I have signed it as I was the only person who could have been driving.
Does any one have any recommendations on what to do next or any thoughts on the likely penalty for doing perhaps 85 in a 60?
Thanks
But how on earth can you be expected to admit to an offence when you don't know what the offence was?
Maybe your plate has been cloned and the alleged offence took place 100 miles away whilst your car was in your garage?
Sounds a bit fishy to me.
Anyway, how can the Data Protection Act be used to withhold information from you which they are claiming is about you? Codswallop. Give 'em hell & dont' return the NIP until they give out the details.
Maybe your plate has been cloned and the alleged offence took place 100 miles away whilst your car was in your garage?
Sounds a bit fishy to me.
Anyway, how can the Data Protection Act be used to withhold information from you which they are claiming is about you? Codswallop. Give 'em hell & dont' return the NIP until they give out the details.
AFAIK, They're supposed to put the alleged speed on as well. I believe it's a defence to prove that you weren't travelling as fast as alleged (even if that shows you were still speeding).
e.g. if you're prosecuted for doing say, 90, in a 70 and you can show your car can only do 80, you get off even if you were doing that 80
e.g. if you're prosecuted for doing say, 90, in a 70 and you can show your car can only do 80, you get off even if you were doing that 80
2 stages to the process. Police must establish who was driving, then may give them conditional offer of fixed penalty.
Sounds like you have been asked to identify the driver. If it wasn't you, then the extra data does not relate to you and you are not entitled to it.
Once the driver is known, the alleged offence relates to him and so the data can be disclosed to him/her.
Sounds like you have been asked to identify the driver. If it wasn't you, then the extra data does not relate to you and you are not entitled to it.
Once the driver is known, the alleged offence relates to him and so the data can be disclosed to him/her.
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