Free Traffic Legal Advice
Live cases legal advice => Speeding and other criminal offences => Topic started by: annonomite on October 25, 2023, 07:12:55 pm
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Is it an s. 36 offence, or a breach of some underlying restriction?
No right turn is a breach of an TRO, those are not section 36 signs.
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Unsure what offence reference it is.
The NIP should specify the offence, including reference to the relevant legislation.
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If it's these lights - https://maps.app.goo.gl/yEuFbwdrFz7y5iQA9 - there was no right turn in place in 2008. The opposite direction would be turning right into a no entry.
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Unsure what offence reference it is. I'll go ahead and respond - just wanted to be sure that was the first action I should take before doing anything else regarding an NIP (if there was in fact anything I could do). Thanks
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Is it an s. 36 offence, or a breach of some underlying restriction?
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Is the no right turn signage sufficient to ‘adequately convey’ the restriction?
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What sort of advice do you want?
The recipient of the s 172 notice has to name the driver. The police will then decide what to do.
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Hi all,
Any advice regarding recently received NIP. See details generated from the old PePipoo NIC wizard below:
NIP Details and Circumstances
What is the name of the Constabulary? -[attachimg=1]
Date of the offence: - October 2023
Date of the NIP: - 4 days after the offence
Date you received the NIP: - 6 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Westgate J/W Park Square West, Leeds
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - First
If your are not the Registered Keeper, what is your relationship to the vehicle? - n/a
How many current points do you have? - 0
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - Made a right turn at traffic lights which state no right turns allowed. This location used to allow right turns until fairly recent road changes.
NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England
NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:
The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.
You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.
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