Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: DoubleHelix on May 04, 2024, 05:21:25 pm
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So one of my tickets after sending away unsigned, they have sent a new BLANK S172, this obviously has an updated date on it,...
In my view you should not respond to this second request. Instead you should concentrate on establishing whether a response to the first request was received by the police. If it was not, I would respond to that one and not this latest one.
There is (coincidentally) a Scottish precedent where the police served a written s172 notice on a driver which, despite a reminder letter, did not receive a response. About seven weeks after the issue of the first s172 request, The police then visited the driver at his home address and asked him who was driving the car at the relevant time. He replied "I have no recollection of the correspondence. I have no idea who was driving at the relevant time and date as my wife and I both drive the car."
He was eventually prosecuted under s172. The proceedings began after the six month time limit based on the service of the first (written) s172 request but before six months limit based on the second (verbal) request. The stipendiary magistrate ruled that proceedings were time barred, basing that decision on the date of the first request.
The Procurator Fiscal appealed that decision in Scotland's Appeal Court, on the basis that the six month period to prosecute began 28 days after the second (verbal) request was made. The Court ruled against the PF, saying that if the date of the second request were to be considered, it has the effect of providing the police with an open ended period in which to prosecute simply by making multiple requests:
https://www.scotcourts.gov.uk/search-judgments/judgment?id=77be8aa6-8980-69d2-b500-ff0000d74aa7
This has a significance for you with your strategy of going "unsigned". The police may attempt to begin proceedings based on this second s172 request (or any subsequent requests they decide to issue) and so prolong the period during which you have to "keep your head down".
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Not sure how a ‘final reminder’ can then be acted as if it’s a first NIP?
Does it ask you to sign or anything?
It’s possible they didn’t get your reply if it’s is literally just a reminder in which case for the avoidance of risk I’d complete and return it unsigned again. See what others say.
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An update with this.... So one of my tickets after sending away unsigned, they have sent a new BLANK S172, this obviously has an updated date on it, are they gonna pretend like the 1st one I sent off they didn't receive? (I sent it recorded). Or should I just ignore this one? It's a Final Reminder...
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So its a white van (benefit in kind) during work hours it can only be myself driving.
Yes this did occur in Scotland 2 separate dates 2 separate locations. I have successfully gone unsigned before albeit a few years ago now.
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Did the alleged offences occur in Scotland? Just checking.
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Well, that depends.
If the company vehicle is white or grey, unless they have reason to believe that you were not the driver, they would have no reason to go back to the entity that nominated you.
However, if the vehicle is some other colour, unless they have reason to believe that you were not the driver, they would have no reason to go back to the entity that nominated you.
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The Company I work for (in Scotland) has informed me of an 2xNIP that they have received for my company vehicle. Both arrived in time and they have given my details. Now as I await the inevitable to land on my door step, can I still go down the unsigned route or could it cause big implications for my company if I do?