Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Hitz on November 07, 2024, 10:42:26 am
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If you have an Android phone then Google Timeline will tell you whether you were there or not.
Thanks Richard, that's extremely helpful. I didn't even know that existed!
. Unfortunately I checked and it was off on my phone but I have switched the timeline on and that's gonna be extremely helpful in the future. Thanks for the tip!!
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If you have an Android phone then Google Timeline will tell you whether you were there or not.
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in contrast, the comments in Andy's 3rd paragraph would be a good idea.
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Autism is a "spectrum". Ironically, many people on the spectrum tend to speak as the OP writes, but write (and read) exceptionally clearly. And have good memories, but I digress.
As someone with autism, we really don't appreciate when an obviously untrained individual in autism makes personal comments about what he, mistakely, believes autism is, trying to make his opinion look like facts. There are many forms of autism and If you want an actual fact: Many People with autism have difficulty with episodic memory, which is the ability to recall memories of specific events. They may also have trouble with facial recognition, immediate and delayed verbal recall, and immediate visual recall.
I suffer from all of these (among others things).
Please do not make comments about what you believe autism is to someone with autism.
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Autism is a "spectrum". Ironically, many people on the spectrum tend to speak as the OP writes, but write (and read) exceptionally clearly. And have good memories, but I digress.
As already explained, the applicable offence would be knowingly or recklessly providing a materially false statement.
If time is of the essence, phoning the SCP and calmly explain the "confusion" and ask them to check the photo and/or email it to you. In my limited experience, the tubbies seem generally very helpful on the rare occasions that people speak to them nicely.
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Assuming you have not been sitting on this you have 28 days to respond. Get the photographs as suggested and see if it's your car. Then you can decide what you need to do.
He/she has 9 days left.
I can understand a person with ADHD/Autism getting hung up on the erroneous “saloon” designation but it’s a red herring.
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Thank you. That's great that you have such good memory, I wish I have that. Unfortunately I've been away for over 2 weeks, and I have weeks worth of post on my return (last night), including this letter. I've been trying to trace my steps back to that date (weeks ago) and I can't recall being in that area at all on that day. In fact I don't think I drove at all on that day, and this is about 50miles from my home,but of course I could be mistaken. I have requested the photos, the only issue is that I'm going away on Monday (away from.the UK) and I really need to post the reply before going away. I just feel that unless the photos arrive before Monday my only 2 options could cause me problems and I could be prosecuted for either of my current options and that's what's making doubt on what to do: #1- lying and saying I drove such vehicle when I didn't or #2 - returning the letter without naming the driver as I don't know.
Hopefully the photos will arrive that will clarify things but if they don't I think I will simply risk it by lying saying I drove the named vehicle even if I didn't as I don't see other options.
And in reply to comment about being anal about it, as I have mentioned I have ADHD and autism and I was asking for advice because I only see what's written on the letter. I didnt realised that's ok to lie even if the letter says that I could be prosecuted for it.
I'm not worried about the fine or points, I have never had any in my entire life. I'm only concerned about completing the return form correctly and not being force to lie giving the Police the wrong information on purpuse, but unless I get the photos soon, that's my only option.
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I drive a lot. If I received a NIP within a reasonable timescale, I would expect to be able to have a good idea as to whether or not I would have been likely to be at the location in question around the time in question.
Ignoring the wider likelihood of cloning, the chances of a NIP for speeding including a description of the body type based on anything other than a copy and paste of the PNC data (albeit not necessarily copied from the correct line), is minimal.
If the NIP relates to your vehicle, must mis-describes the body type, that is not a fact material to the speeding allegation, and you would not be making a materially false statement.
If you really want to be anal about it, you can provide the required information, with corrections as appropriate, in the form of a signed letter.
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Assuming you have not been sitting on this you have 28 days to respond. Get the photographs as suggested and see if it's your car. Then you can decide what you need to do.
9 days left NJ. It has been suggested all day they ask for photos. We don't know if this has been done or not, but if not... 8 days left.
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Assuming you have not been sitting on this you have 28 days to respond. Get the photographs as suggested and see if it's your car. Then you can decide what you need to do.
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The cloning of vehicles isn't that common, but when it does occur, the 2 vehicles are usually the same make, model, body type, and colour.
Far more likely is either a plate misread, or a mistake on the NIP. Request the photos.
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As my post already mentions, I drive a lot and I have no recollection at all of being on that area on that day and time. If I knew I have been there for sure I'd assume there was a mistake on the letter, but because it mentions a different car I've been left confused as I can't remember driving there that day.
Maybe it's because I have ADHD and autism, and the letter mentions that I could be prosecuted for knowingly providing the wrong information and for me that means that if I sign this letter saying I was the driver of a saloon car when I was not and they find out I lied I could be prosecuted for giving them the wrong information, or have issues in the future if there is a saloon car with a registration like mine or similar to mine.
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Were you driving your car at the location and time stated on the NIP?
If you were, the chances of a clone of your car being at the same location, at the same time, are extremely remote.
Even if I receive photos of a saloon car with my registration I doubt I could identify the driver, as I assume that would be someone random.
Asking for photos to help identify the driver is just an excuse to get your hands on the photos. In your case you want them so you can identify whether it's your car, or not. Even if you were driving, it's unlikely that you would be identifiable in the photos.
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You have two options really, phone the CTO and explain your problem, ask for extension although you will probably have to give the reason why. Or return the form stating that you cannot identify the driver as this is not your vehicle. The latter is sailing into sticky waters though as you are hinging a failure to respond on a word. Which may or may not be relevant.
With the photos they usually respond pretty quickly. The last instance my wife received correspondence from a force, she asked via email and received them around 3 hours later via the same method. Some NIPs even give you a link these days to view the images online.
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Sorry, that's not what I'm saying or what I was asking. As my post mentions I simply don't know how to complete the form,as the option of 'the car described here doesnt match mine ' doesnt exist. I will ask for photos and if they arrive on time I'll know if the car was mine or not, but if I don't receive the photos within the next few days I still have to reply to the letter to be within the 28days (I've been away and only have 9 days left to reply), and that's my issue I don't know how to complete it because if I sign it saying I was driving a saloon car I'd be lying but if I dont provide the details of the driver of the saloon car mentioned on the NIP it says I can be prosecuted. So I feel the only option I have is to lie and say I was driving such car when I was not.
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It would be an administrative error, which to argue against you would need to take it to court. At which point the mistake would be acknowledged and the case would proceed.
If the picture shows your vehicle and not a saloon, are you going to argue you can't respond because someone called you car something different on a piece of paper?
Edit to add: No, if the vehicle is not yours of course you do not respond saying you were the driver. You send pictures of your vehicle to the CTO showing them the differences.
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Sorry I'm confused, are you saying I should lie and sign the form saying I was driving a saloon car when I was not, just to be within the 28 days? Even if I receive photos of a saloon car with my registration I doubt I could identify the driver, as I assume that would be someone random. If it turns out my registration has been cloned and I signed a form saying I was driving a saloon car I'm concerned I could be liable for any other fines that are nothing to do with me (I don't own, or have ever driven a saloon car)
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If I ask for photos to check if it was my car or a cloned car, and it turns out to be mine, do I have to ask them to issue a new NIP with the correct details on it?
Don't mention suspected clone vehicle. We have seen in the past they sometimes tend to clam up and play the 'you first' card. In that they ask you to send pictures of your vehicle to them so they can compare them with the captured image.
The feeling usually is around you 'modifying' your vehicle to look different from the captured image. Although how you would manage that in this instance is a puzzle, but never credit the CTO with having the competence to understand that.
To be safe and to not prolong the encounter, just ask for photos to help with identifying the driver.
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No. If it turns out to be your car, fill in the S.172 request confirming you were driving, and the process will continue as normal.
Be aware that requesting photos doesn't stop the 28 day clock to reply.
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If I ask for photos to check if it was my car or a cloned car, and it turns out to be mine, do I have to ask them to issue a new NIP with the correct details on it?
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Ask for any photos to help you identify the driver. If they are provided, you'll be able to confirm whether it's your car, or not.
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As mentioned on the post my logbook / V5C says hatchback
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What does the V5C say?
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Hi,
I wonder if anyone can provide some advice as I don't know what to do. I have received a NiP (first in 15 years driving). 57 on a 50 motorway stretch. I drive a lot for work and due to looking after family in different cities, and while I've been around the stretch of motorway in the past I can't recall if I was driving there on that particular day. But what has left me very confused is that my car is described as a Saloon on the NiP while my car is a tiny hatchback (I have the logbook confirming this). The registration that appears on the NIP is mine, but the body type is not my car's, so I have no clue how to complete the NIP. To the question where you driving such vehicle I'd have to answer no as I don't drive a saloon car (never have), but I can't identify the driver either. I'm concerned my registration has been cloned or something. How do I reply to the NIP as it doesn't give the option of being unable to identify the driver of a car that is different to mine, while the registration and model are correct, it says on the NIP this is for a saloon car.
I want this over with and wouldn't have an issue paying a fine or whatever, but I feel uneasy because I'll be lying saying I was driving the car described on the NIP (just to get this over with), but also it says I could be prosecuted for failure to identify the driver, there isn't an option to explain that the car described on the NIP doesn't match mine, and obviously I dont know who is driving saloon car with my registration. If my car registration has been cloned and I lied saying I was the driver of the saloon car described when I wasn't, what about if I start receiving more fines? What should I do?