The Alleged Offence Is An Hour Out!

Question:

I responded to the NIP saying that the time was incorrect (an hour out) (they said 9.15am, but it was the morning after the clocks changed and I was already parked in a secure car park with witnesses by 8.30am) and questioned the calibration of the camera. I returned the NIP and forms unsigned, with the letter asking for clarification.

They responded with a very intimidating letter telling me that the clocks had changed the day before and that they wouldn’t respond to any further correspondence from me or my representatives and any letters would be filed for court.

Based on their response, I am now unable to request further proof or get the NIP back in order to pay it (not that I am inclined to). Could you tell me if I have a case please?

Many thanks

Dominic says:

You have to name the driver and provide the information that they are asking for. Make it clear that you are naming the driver for that occasion but that you don’t accept the car was in that place at that time. If you don’t you will get a summons to court for failing to supply information. A defective NIP is not a defence to failing to provide information.

You have to name the driver. If you then want to argue that the NIP is defective (and it would be if you are right re the timings) you will have a defence to the original offence – but you will have to take the matter to court to make that argument.

You could refuse to provide the information on the basis that the car was not in that place at that time but the court may feel that you were being pedantic and as indicated you may end up with an additional charge.

Come back to me if you want to make the NIP argument.



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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