3. Advice Required- NIP Due Care and Attention Wrong Location
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RG2024

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Advice Required- NIP Due Care and Attention Wrong Location
« on: December 10, 2024, 02:36:01 pm »
Hi - I’m after some legal advice please, having responded to an NIP for due care and attention I believe from a member of the public sending in Dash Cam footage. I’ve now been offered to pay £100 and receive 3 penalty points for said offence.

Basic details are that the location on the NIP is noted as Chester Road, Brownhills (West Midlands). I couldn’t remember driving in that location and have seen a couple of images from the dash cam that shows my vehicle so I know it’s my car.

I was in a ‘turn left’ lane approaching an island - I realised late on I needed to go straight on to get to my next job and at the island I crossed the hatched area and took the straight on road, not causing any inconvenience to anyone and I accept I didn’t indicate.

My point is the NIP states Chester Road, Brownhills. I’ve retraced my route and on that day the images are from an island on the Chester Road but in Tyburn, Birmingham. This is around 11 miles or 30 minutes journey from where the NIP was stating the offence location was. Time and date appear about right.

The hatched area (to my right that I crossed) was outlined with dashed white lines and not solid white lines, so I know you can cross as long as it’s safe to do so.

Is there anything from a legal standpoint I can do? Should I request a court appearance although the threat of a heavier fine and the time away from work is a worry.

At no point was I ever in Brownhills that day.
Therefore the location is incorrect contained within the NIP - Name of road correct, but town is incorrect.

Thanks in advance for any advice and I’ve added photos of the hatched area and difference in location.
« Last Edit: December 10, 2024, 04:23:43 pm by RG2024 »
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NewJudge

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Re: Advice Required- NIP Due Care and Attention Wrong Location
« Reply #1 on: December 10, 2024, 03:58:22 pm »
I’m confused:

Quote
…having responded to an NIP for due care and attention…
Quote
…I have been sent an NIP for a location…

Is this the same NIP? Your phrases “having responded” and  “I have been sent” suggests it is a different one.

Or do you mean you have been sent a NIP and request for driver’s details for one location (to which you’ve responded) but now have an offer of a fixed penalty which refers to a different location?

If the later, I think it's fairly straightforward: you either accept the offer or you will be prosecuted. In court I imagine it will be fairly easy for the prosecutor to clarify any confusion. As well as that, before you enter your plea, you will be served with the evidence the police intend to rely on to convict you. I expect that will clarify the location.

Did the NIP to which you responded state the "right" location or the "wrong" one?
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RG2024

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Re: Advice Required- NIP Due Care and Attention Wrong Location
« Reply #2 on: December 10, 2024, 04:13:14 pm »
To clarify - I was sent an NIP to which I responded within the required time and provided my details as driver.

The second point is that I have now received a response stating I need to pay £100 and have 3 points on my licence.

The location contained on both letters was exactly the same and was confusing to me having not driven in that area for some time. This is the wrong location.

I’ve since retraced my journey and found the alleged offence location being some 11 miles away from what is documented on the letter, although this is still the Chester Road which is a continuation of that same road, just in another town.

Can I use this wrong location (as stated on the NIP) as a legal argument to potentially have the offence dismissed?

My other point is that I don’t see that driving over a hatched area which dashed lines is such a serious driving offence to receive 3 penalty points and £100 fine.

Thoughts?
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andy_foster

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Re: Advice Required- NIP Due Care and Attention Wrong Location
« Reply #3 on: December 10, 2024, 04:57:42 pm »
Quote from: RG2024 on December 10, 2024, 04:13:14 pm
Thoughts?

<mod hat on>
Firstly, you are the one facing prosecution, a fine and points on your licence. Particularly when it comes to technical defences, the devil is often in the detail. If you can't be bothered to post an accurate and coherent account of what happened, why should those that you are seeking advice from bother to waster their time trying to help you? N.B. that is a rhetorical question.

The letter says you need to pay £100...?
</>

Assuming that your account is otherwise correct, and that there was no accident or other issue that would negate the requirement for a NIP, whilst the requirement to serve a NIP is mandatory, the required details are merely directory - that is to say that if an error does not negate the purpose of the requirement to serve a NIP - to potentially enable you to identify and recall the incident that gave rise to the allegation while it is still relatively fresh in your mind, it would not void the NIP.
Whether or not the error invalidated the NIP would be for the court to decide.

Entering a hashed area bordered by broken white lines is not in itself an offence. The prosecution would need to show that thew circumstances were such that doing so on that occasion (or your driving in general on that occasion) constituted careless driving.
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mickR

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Re: Advice Required- NIP Due Care and Attention Wrong Location
« Reply #4 on: December 10, 2024, 07:09:09 pm »
why did you admit to being the driver of a vehicle at a location you had not been?
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