Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: jammers on June 01, 2024, 02:02:55 pm

Title: Re: NIP for driving "without due care and attention" but not clear what the offence was exactly?
Post by: ManxTom on June 02, 2024, 01:51:44 pm

What you must do is identify the driver within the given timeframe.  If you don't do so you commit a separate offence of failing to identify the driver - which could well be a more serious offence than " the without due care and attention " that the NIP refers to.

You could ask if they have any photos that might assist you in identifying the driver, but if you do do that, don't use the word "evidence".  Asking for photos that might help identfiy the driver doesn't stop the clock ticking - you still only have the original 28 days in which to name the driver.

You could also just 'phone them and ask what it's about, but they don't have to tell you at this stage and again the clock doesn't stop ticking...

Title: Re: NIP for driving "without due care and attention" but not clear what the offence was exactly?
Post by: The Rookie on June 02, 2024, 11:31:38 am

It won’t be a phone offence which would be charged under that specific legislation and eating is more likely to be under ‘not in a position to exercise proper control’.

Title: Re: NIP for driving "without due care and attention" but not clear what the offence was exactly?
Post by: Southpaw82 on June 01, 2024, 03:30:36 pm

At the moment, you are required to name the driver. Why not do that and see what comes back?

Title: NIP for driving "without due care and attention" but not clear what the offence was exactly?
Post by: jammers on June 01, 2024, 02:02:55 pm

Unfortunately today I've received an NIP for the offence "Drive a mechanically propelled vehicle on a road / in a public place without due care and attention". The letter states "This allegation can be supported by credible evidence in court", and essentially wants me to confirm who was the driver at the time and place of the offence. If I don't provide this information, it says I can be fined up to £1000, receive six penalty points, or be disqualified from driving.

Lower down it says "if applicable to the offence and your eligibility is established, you may be considered for an educational course instead of a fine and penalty points and endorsed on your license".

Looking at the date and time of the incident, it would match up with my drive back from work, so I'm pretty sure I WAS driving at the time. However, I can't remember what had happened/what I could possibly have done. The letter doesn't state the specific offence (eg using phone/undertaking/eating/etc).

The letter does have an email address (allegationcorres@met.police.uk) and a reference number. Should I email asking for details and what evidence they have? Is it worth contacting a solicitor to manage this (and if so, any recommendations?)

Thanks in advance and hope you have a good weekend.