Author Topic: NIP  (Read 419 times)

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dumb_once

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NIP
« on: November 20, 2023, 02:55:31 pm »
Hi all

So - I've been a div and wonder if anyone can help me.........


So the crux of the issue is I've sent in some dashcam to report a police driver who was driving without due care and a distinct lack of attention further down the road and I've wrongly sent an unclipped bit of footage which incriminates me on a road further on from this initial incident - what a div!

Received a NIP and I've asked for their evidence so I know what I'm fighting, they sent me links to my footage, two correct and clipped pieces and one unclipped video that stuffs me and also sent the following in the email.


The NIP states they are taking action "Drive a mechanically propelled vehicle on a road without due care and attention"


Reporting person is driving on a 40mph road whilst his current speed is showing as 62mph on the video footage. Reporting person can be heard saying "so it's a 40 ****, I was doing 70" followed by "sets us up now for a bit of fun here, because these corners are epic if you drive them right". Aside from the speed limit, Reporting Person is travelling far too fast for the wet road. Into the tight bends there are solid white lines in the road, "slow" painted on the road and oncoming cars that are being forced over to the lefthand side of their carriageway.

So yup once the giggling has stopped from whomever is reading this I can confirm I do have the dashcam footage, also the road was wet, however not once was I out of control, the speed didn't go over 65, no-one else on the oncoming side had to avoid me nor change course and this is clear on my footage - they took the apex of the corner as you'd expect, they just take corners as a normal car would.
I've been driving for over 30 years and not had points in at least 15yrs, I've had no trouble with the police previously also.

Anyone know how's best to proceed and what I'm looking at prosecution wise?

Thanks in advance.

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Southpaw82

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Re: NIP
« Reply #1 on: November 20, 2023, 03:16:09 pm »
That is quite ironic…

dumb_once

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Re: NIP
« Reply #2 on: November 20, 2023, 03:20:04 pm »
oh yes - indeed - wasn't paying due care and attention when completing the online form  :-[

DWMB2

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Re: NIP
« Reply #3 on: November 20, 2023, 03:25:12 pm »
Quote
wasn't paying due care and attention when completing the online form
That depends - if your goal when you submitted the form was to report poor driving then you might have been twice as effective as you thought...  ;D

There seems to be some discrepancy between your version of events and those of the police, as worded in the email. I imagine people might need to see the footage to make a call on whose version of events is most accurate.

dumb_once

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Re: NIP
« Reply #4 on: November 20, 2023, 03:49:01 pm »
Have a peep here
« Last Edit: November 20, 2023, 03:59:53 pm by dumb_once »

The Rookie

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Re: NIP
« Reply #5 on: November 20, 2023, 04:32:12 pm »
There are many purported origins for “He who seeks revenge digs two graves.” perhaps because it's such a truism that it's been coined many times over.

You've helpfully provided the evidence and there is now little you can do but wait and see how they intend to close the matter.

Your excuses matter not if the court agrees that the standard of your driving fell below that of a careful and competent driver and unless you can convince the court it was just made up banter with no basis in fact (good luck with that) I can't honestly see a court acquitting.
There are motorists who have been scammed and those who are yet to be scammed!

andy_foster

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Re: NIP
« Reply #6 on: November 20, 2023, 04:34:03 pm »
The good news is that the penalty for careless is 3-9 points and a fine.
If you had edited the footage to remove your own wrong-doing, that would have been perverting the course of justice which could well have resulted in you getting to spend some quality time with Bubba.

The applicability of the saying "people who live in glass houses shouldn't throw stones" is perhaps preferable to "people who live in 'the big house shouldn't drop the soap".
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666

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Re: NIP
« Reply #7 on: November 20, 2023, 05:50:04 pm »
The good news is that the penalty for careless is 3-9 points and a fine.

Isn't disqualification is also an option?

guest46

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Re: NIP
« Reply #8 on: November 21, 2023, 06:54:00 am »
Did anyone spot a 40 repeater? Seems to be irrelevant white road marking only?

dumb_once

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Re: NIP
« Reply #9 on: November 21, 2023, 07:55:31 am »
@M60NJP


I get what you're saying but on the audio the following can be heard "so it's a 40 ****, I was doing 70"  so sounds like the driver is aware.


However I've read something somewhere but cant find it again around the conversations within the car are private and are inadmissible?  not sure if someone can give clarity there also - something around if people are not aware the dashcam is recording audio!  - the person that said the comment above was aware but the conversation was with someone who didn't have awareness of this fact.

guest46

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Re: NIP
« Reply #10 on: November 21, 2023, 07:59:36 am »
It doesn't matter about the driver's awareness - it matters that the road signage complies in order for many limits to be prosecuted (it's not black & white though).

Experts will comment on the admissability, but I contend as you've provided it freely and willingly it's had to back-pedal from that.

I'd check the TRO for that exact road at this point and see what the limit is............

dumb_once

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Re: NIP
« Reply #11 on: November 21, 2023, 08:35:45 am »
Cheers - really appreciate


What's a TRO please?

dumb_once

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Re: NIP
« Reply #12 on: November 21, 2023, 09:02:46 am »
It doesn't matter about the driver's awareness - it matters that the road signage complies in order for many limits to be prosecuted (it's not black & white though).

Experts will comment on the admissability, but I contend as you've provided it freely and willingly it's had to back-pedal from that.

I'd check the TRO for that exact road at this point and see what the limit is............

So we have the following on this road - one 40mph sign at the entrance to the road, one at the first 40mph painted on the floor and a further one at the second painted 40 but no further on that clip.


The Rookie

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Re: NIP
« Reply #13 on: November 21, 2023, 09:06:06 am »
What's a TRO please?
Traffic Regulation Order, it's what is required to set a speed limit, the signs only inform you of what the limit set by the TRO is, they can't just create a speed limit by erecting signs.

I'd disagree with M60NJP the limit has to be 'adequately conveyed' (TSRGD 2016), that you knew the limit suggests it was.

Conversations in a car may well be private, up until the point they are voluntarily shared anyway, at which point they aren't IMO.
There are motorists who have been scammed and those who are yet to be scammed!

Southpaw82

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Re: NIP
« Reply #14 on: November 21, 2023, 09:49:58 am »
However I've read something somewhere but cant find it again around the conversations within the car are private and are inadmissible?  not sure if someone can give clarity there also - something around if people are not aware the dashcam is recording audio!  - the person that said the comment above was aware but the conversation was with someone who didn't have awareness of this fact.

That’s incorrect.