Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: Muggerbee on June 28, 2025, 05:20:27 pm
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BTW, this is how I wind my neck in.
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section 172 requires me as the RK...
Section 172 places no requirements on the Registered Keeper. It does not mention the Registered Keeper at all.
172 (2)(a)
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section 172 requires me as the RK...
Section 172 places no requirements on the Registered Keeper. It does not mention the Registered Keeper at all.
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pepipoo was a lot more friendly, currently the advice is "write to them" no form of words no **** all, so wind your neck in and try and be me, i have composed something, do you think it's ok ?"In compliance with your S172 request sent to me on 24th June 2025, I can confirm that I would have been the driver of vehicle xxxxxxx at the time stated, however I/it have not been at the location specified on the notice at anytime in the previous year"
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You came here for advice. You have been given advice. Either take the advice or don't.
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Right, here is the conundrum, section 172 requires me as the RK to provide details or information as to who was or may have been driving the vehicle at that time, the S172 notice served requires me to provide the same information for the time but specifies a place, how do I comply with the S172 without outing the location muck up ?
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possibly, but with legal timescales triggering an automatic 6 point endorsement, what would I write ?
Which "legal timescales" do you know of which trigger an automatic six point endorsement?
Andy has described your position in post #5. Simply write a letter explaining the circumstances as he suggests.
Make sure you sign it, keep a copy and get a free certificate of posting from the Post Office.
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possibly, but with legal timescales triggering an automatic 6 point endorsement, what would I write ?
Have you considered using AI to generate some gibberish?
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Wild thought, but you could write them a letter.
possibly, but with legal timescales triggering an automatic 6 point endorsement, what would I write ?
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Wild thought, but you could write them a letter.
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Thank you, however the paper forms and the gmppas website only allow you to deny being the driver at the Time of the offence, not the location, so to comply with S172 I'd have to admit to an offence or call up central ticketing and alert them to their cockup and still get smacked ?
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The s. 172 requirement asks you to state who was driving your vehicle at the specified time, date and location.
Was anyone driving your vehicle at that location at that time and date?
If not, then your vehicle was not involved in the offence alleged in the notice, you are not the person keeping the vehicle that was (we suspect that there is no such vehicle, but that would tend to complicate things), and therefore as "any other person" you are required to provide any information that is in your power to give and that might lead to the identification of the driver [of the vehicle involved in the alleged offence at the time, date and location specified in the notice]. That information would be that your vehicle was not at the location specified at the time and date specified as it was <wherever it actually was> at the time.
As has been mentioned, there is a fair chance that the police will drop the whole session out of embarrassment.
However, if they were to reissue a corrected NIP, and more relevantly the associated s. 172 requirement, as a matter of law the original defect would not invalidate the NIP (for the purposes of s. 1 RTOA 1988) as you have not been misled by the error. Whether you would be able to put the prosecution to proof on the point by raising an issue at the half way point of the trial seems uncertain.
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What you probably have isn't a NIP, but a s172 notice asking you, as the registered keeper, to name the driver at the time of the alleged offence. You must do this within 28 days or face a fine of up to £1000 and 6 points. What was the location and where you say you think you were at the time., can you post that on here, it may help us to help you.
Edited to add to take note of what SlithyTove says above, both posted at the same time!
Obviously I have to comply wth the S172, but doing that triggers the course offer, but it also sort of admits to being at that location at that time, how do you get round this double edged sword ?
Follow the advice given by The Slithy Tove above. Respond explaining that the vehicle was at location x, not y, at the time, but wait until near the 14 days to do so.
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What you probably have isn't a NIP, but a s172 notice asking you, as the registered keeper, to name the driver at the time of the alleged offence. You must do this within 28 days or face a fine of up to £1000 and 6 points. What was the location and where you say you think you were at the time., can you post that on here, it may help us to help you.
Edited to add to take note of what SlithyTove says above, both posted at the same time!
Obviously I have to comply wth the S172, but doing that triggers the course offer, but it also sort of admits to being at that location at that time, how do you get round this double edged sword ?
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It's a NIP , it says Notice of intended prosecution, location stated on the gmppas website says B5206 Upholland Road near to Longshaw common, Billinge,Wigan, I think I've geolocated the pics to somewhere on the A49 westwood way wigan.
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What may have happened is that they forgot to change the location on their system when the camera van moved from one location to another, meaning it still shows their previous location. So whatever you do, you make sure you wait till 14 days from the original alleged offence before doing so. This means the police can't send out an amended NIP with the location corrected. Often the police will end up dropping it out of embarrassment, but you will need to make some kind of response. Whether that's just denying you/the car was at the location specified or something else, I'll leave it to others to recommend the best approach.
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Good day all,
I've just received a NIP with what appears to be my car showing 41 in a 30, however the location on the NIP is on a road I never use, at the time of the offence I was a minimum of 5 miles away, the picture shows a dual carriageway with a roundabout but the location stated is a rural road with no roundabouts, obviously I could just take course tax and forget about it, but is there a valid defence ?
Ta
Mick