View Full Version : nips pics and cops
skeetly
30-12-08, 06:32 PM
Just been NIPped for cage.
We were out visiting relo's who live up the road from each other and it could have been me, wife or eldest daughter driving.
Do you have to go to court to ask for the photos or do they have to send them to you?
We're not sure who was driving as the car got used to ferry elderly types up and down the same road with different ppl driving so the picture would settle the matter.
Cheers.
Oh and happy new year Mr Brunstrom....
chakraist
30-12-08, 06:35 PM
Who's got the least points?
Shellywoozle
30-12-08, 06:46 PM
I think if you can't say who was driving they go to the image as evidence, not sure as we have a civvie dept dealing with NIP's. If noone on here can help I will delve deeper for you, PM me if you don't get the answer you want. x
They SHOULD send the picture out to you, on written request (possibly with a small charge for 'admin' costs).
That said North Wales police "do not enter into litigation" - leaving that up to the courts, so if they think you're taking the mickey, they may send a court summons & provide evidence to a solicitor.
skeetly
30-12-08, 07:00 PM
Hmm.
Just send the piccy with the nip too hard to do i suppose?
No ones got any points so it'll be a toss up who takes them rather than go to court if they wont supply a picture.
Its a 35mph nip as well; so much yakking going on in the car no ones noticed they've gone a bit over :(
Could have a been an unmarked car with a video camera because out of the three of us who drove up and down that road (thats 6 possible passes in the space of an hour and a half) no one saw a camera van.
Paul the 6th
30-12-08, 10:00 PM
funnily enough I know someone who managed to get out of any points or conviction etc, simply because they couldn't identify the driver from the photo evidence.
They requested photo evidence and it was not clear at all who was driving, so they sent the NIP back unsigned saying they couldn't remember who was driving and the picture wasn't clear enough to recognise who the driver was (and it really was unclear)...
Police wrote back asking "we need all the names of the drivers who it could have been then"... two names & addresses went back... little while later they both received a summons to court. They both attended court with the defence "we can't remember who was driving" with section something or other of such and such human rights act - that it's against a persons human rights to prosecute them for having a bad memory..
Anywho, lots of back & forth but in the end the judge agreed that she couldn't prosecute them on the grounds of having a bad memory. I'll see if I can find any info about what I've said above :)
this thread is usless with out pics - oh wait :D
pepipoo (http://www.pepipoo.com/) is you friend on this one....
Paul the 6th
30-12-08, 10:39 PM
awesome link simesb :D a1+
richie95
30-12-08, 11:10 PM
in my head i thought you had a margine of 10% plus 2 MPH, so 30MPH would be flexible upto 35 MPH...... or am i talking bull????
in my head i thought you had a margine of 10% plus 2 MPH, so 30MPH would be flexible upto 35 MPH...... or am i talking bull????
The 10% +2 thing is optional IIRC. North Wales do pay attention to it, but assume you are doing 35.9mph, rather than 35.1mph, so NIP you for 35mph.
I've been stopped for 33mph in a 30 zone before now. I just got a talking to though. :)
Kilted Ginger
31-12-08, 12:14 AM
If you request the photo they must send it and your time to respond extends to allow receipt of same. Been through this with oh
Just been NIPped for cage.
Ah, just sussed who you are in the 'other place'
skeetly
31-12-08, 12:38 AM
Ooh sorry; bit obvious this one.
Should have made it a little more sporting I guess....
If there are a lot of people who use the car then definitely demand the photo. IMHO we should not simply accept a nip if you genuienly cant remember who was driving. When the photo arrives and its clear that its person A, then obvioulsy you can accept the punishment. If the picture isnt clear you may have a case, but only pursue this if you really cant remember. It's a big gamble if the judge decides you is telling fibs.
Put simple you have a good case for wanting to see the evidence and following due process.
busasean
31-12-08, 07:54 AM
35 in a 30? hardly crime of the century!!! if you genuinely cant remember who was driving then get a photo, if the photo isnt clear then go to court and explain. why should you have to decide who gets the points? its what the police and camera scum want! a quick £60 without the hassle. it really winds me up, dont just accept it. yes someone has broken the limit - but surely its up to the police to prove who was driving?????
oh - we still havent had the people who burgled us in august caught, due to lack of resources yet sussex safety scamera ******s dont seem to have any problem being funded. grrrrrr........I'll be sad when my brother and his wife leave the plod due to **** policy and spineless senior officers.
skeetly
31-12-08, 09:50 AM
It seems I can get a photo by sending them an e-mail; which I have.
If its inconclusive it'll have to go off to court it seems.
neillfergie
31-12-08, 10:12 AM
pin it on an oap?
skeetly
31-12-08, 11:02 AM
I quite fancy Shropshire actually....
/Gazes over the border longingly at road users whizzing back and forth in a care free manner in the style of Mr Samples hero.......
skeetly
31-12-08, 11:13 AM
Well it seems photo isin the post.
If its any help to anyone this is what i wrote in the e-mail to the adress at the top of the NIP:
Subject: notice of intended prosecution number: <the number of the nip>
We are not sure which driver it was; it would be helpful if you could
send us the photograph.
Our address:
Home of the beleagured
Velocity street
Rapid city
Busted
Thank you.
and here is the response:
Dear Sir/Madam,
I write in relation to your recent email, the content of which has been noted.
Due to data protection guidelines photographic evidence will be forwarded via the postal service.
Yours faithfully,
Customer Service Team
So I guess it'll arrive in the post shortly..
Paul the 6th
31-12-08, 11:49 AM
pin it on an oap?
I don't think I would have laughed out loud if it hadn't been for your avatar next to this :)
Luckypants
31-12-08, 11:52 AM
pin it on an oap?
Pin it on Brunstrom? literally.... he is often in Cotswold's so use a big drawing pin... :batman:
Paul the 6th
31-12-08, 11:53 AM
Pin it on a Nob Faced Nobster (brunstrom)?
like it :)
skeetly
31-12-08, 11:59 AM
Pin it on Brunstrom? literally.... he is often in Cotswold's so use a big drawing pin... :batman:
I know. Some of the kids used to work in there before they left home...
/thinks
Actually they both left North wales...........
the_lone_wolf
31-12-08, 12:04 PM
Pin it on Brunstrom? literally.... he is often in Cotswold's so use a big drawing pin... :batman:
drawing pin???
i thought the only way to kill them was a wooden stake through the heart?:confused:
I quite fancy Shropshire actually....
/Gazes over the border longingly at road users whizzing back and forth in a care free manner in the style of Mr Samples hero.......
We're not immune over here y'know:smt083
skeetly
31-12-08, 12:20 PM
/plaintive
Is no place safe?
/rolls frightened eyes
skeetly
04-01-09, 12:47 PM
Well photo arrived and its taken from behind while overtaking parked cars up a slight incline. Just where you would naturallly go a 'little bit faster'. I guess they were after people coming the other way as its a slight downhill incline. It is actually a spot where the speed limit ought to be adhered to. Shops, parked cars etc.
Judging from the height it was taken I'm assuming it was one of them little tripod mounted things which the bobbys use.
Still can't tell who it was though, so me and the missus will have to toss a coin to see who gets done as she won't go to court over it. Ho hum.
Interesting point with bikes actually; if it so happened you had a friend who has the same helmet size who is insured to ride your bike and was willing to go to court over it and you had both been 'having a go' that day...
chris8886
04-01-09, 01:42 PM
Well photo arrived and its taken from behind while overtaking parked cars up a slight incline. Just where you would naturallly go a 'little bit faster'. I guess they were after people coming the other way as its a slight downhill incline. It is actually a spot where the speed limit ought to be adhered to. Shops, parked cars etc.
Judging from the height it was taken I'm assuming it was one of them little tripod mounted things which the bobbys use.
Still can't tell who it was though, so me and the missus will have to toss a coin to see who gets done as she won't go to court over it. Ho hum.
Interesting point with bikes actually; if it so happened you had a friend who has the same helmet size who is insured to ride your bike and was willing to go to court over it and you had both been 'having a go' that day...
don't give in, they should have to prove who was driving!
you'd need to be wearing the same clothing too remember.
If you honestly cannot remember who was drivin then definitely go to court. would you be flipping a coin if you thought the car had been cloned!
The burden of proof is on them not you. If you can demonstrate in a typical week say how often the car is used by different members of the family. Then judge cannot punish one of you as an example he must be either satisfied that you are trying to pervert, or if he beleives you, then he would have to aquit.
skeetly
04-01-09, 02:37 PM
I'd go to court but the missus is the registered driver so she'd be the 'main act' here and shes not keen. Not for 60 quid.
Ho hum.
GazandKatie
04-01-09, 02:48 PM
Unfortunalty the keeper of the vehicle by law has to disclose who the driver was (when served with the appropriate papers by the police). So if you cant/dont then the keeper commits an offence which carries the same points and fine as the speeding.:(
I'd go to court but the missus is the registered driver so she'd be the 'main act' here and shes not keen. Not for 60 quid.
Ho hum.
There was a case quite recently very similar to yours (though not in North Wales).
As I remember it, there were two possible drivers. The registered keeper of the vehicle asked for a photo to show who was driving, and when the photo arrived, replied with a statement of "I can't see clearly enough from the picture, but this is a list of the two possible people that could of been driving at the time, with their name/address etc."
This picture was of the front of the vehicle, but not clear enough to distinguish the driver.
A court summons turned up for both people, and off they went to court. In court, they both stated that they couldn't remember if they were driving at the time, but that it was a possibility.
Owing to the fact that the judge couldn't determine which one of them was driving, and they couldn't prosecute someone for having a faulty memory, the case was thrown out, and the registered keeper didn't have to pay any costs etc.
I'll try to dig out some more specific information (with links) to the case. It's going to be a VERY quiet evening in work... :)
I had a red light camera photo taken of my car but I wasn't sure if it was me driving. Letters went back and forth until Surrey Police accepted to drop it without ever going to court.
Paul the 6th
04-01-09, 05:34 PM
funnily enough I know someone who managed to get out of any points or conviction etc, simply because they couldn't identify the driver from the photo evidence.
They requested photo evidence and it was not clear at all who was driving, so they sent the NIP back unsigned saying they couldn't remember who was driving and the picture wasn't clear enough to recognise who the driver was (and it really was unclear)...
Police wrote back asking "we need all the names of the drivers who it could have been then"... two names & addresses went back... little while later they both received a summons to court. They both attended court with the defence "we can't remember who was driving" with section something or other of such and such human rights act - that it's against a persons human rights to prosecute them for having a bad memory..
Anywho, lots of back & forth but in the end the judge agreed that she couldn't prosecute them on the grounds of having a bad memory. I'll see if I can find any info about what I've said above :)
Baph has said the same as me above :)
Baph has said the same as me above :)
Could even be the same case, but I didn't read about it on here as I remember thinking "ooh, must post that." But I never did. :(
Can't remember off-hand where I did read about it though.
Paul the 6th
04-01-09, 07:21 PM
hey no worries baph, it was actually my mum & dad who had to go through it around 2-3 years ago. My dads mum was ill in hospital with severe alzheimers (spelling?) and he was incredibly busy with work, and my mum was rushing around trying to help my dad as best she could. Neither of them could actually remember who was driving and in the end it all went as I described in my op... They decided they weren't going to sit back and accept it :)
skeetly
24-01-09, 11:47 PM
If anyone's still interested...
I had an 'informal' chat with a lawyer mate who knows about these things.
Sorting it out in court would very likely work but would probably require
witnesses as to our whereabouts. As the witnesses are oldies this wasn't
really a goer :(
So we suddenly remembered that it was really me who was driving and I
really did deserve to be eventually caught.
Did the forms and I have been offered the alternative of a 'speed awareness'
course for 60 quid so I do believe I'll go see what that's about.
Thanks for the help, comments etc
/waddles off feeling uncomfortable in the nether regions...
davepreston
25-01-09, 12:01 AM
the wife did the speed awareness bit of classroom speed kill da da da then out with an advanced driver for a bit (not plod by the way) job done
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