Safe Speed Forums

From the boys at MCN, believed to have originated at Pepipoo, the answer to the S172 demanding to know who was driving. For specifics, particularly legal precedent which should be quoted, see MCN (or perhaps Pepipoo), but in essence here's what happens:
Do NOT fill in the S172- write on it "see attached".
You write a separate letter ("the "attached" referred to) to the Chief Constable quoting their reference numbers and giving the info asked for.
You then say that, as this info was obtained under threat of legal action, and as you have not been cautioned under PACE, this info is supplied solely on the express understanding that it will not be used in any action taken against you. And that should be the end of it.

Haven't they just closed that loophole?

That would be a PACE witness statement, wouldn't it?
I think it has to be properly worded to be one though.

Was the loophole the unsigned NIP affair? That one has been closed.

You sign the PACE witness statement but you clearly state that it is a witness statement and that as you have provided the information before being cautioned ('you have the right to remain silent', etc.) it can not be used as evidence against you in court.

(The fact that the NIP has a caution written on it isn't relevant as they can't prove that you read, understood it or 'recognised it's significance').

People have gone to court on this and lost though. But it seems to me like the best option available at the moment.

Even if you had been cautioned by a real police officer 'you have the right to remain silent'

I'm talking purely form memory so don't trust my word on that.

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Andrew.

I recently received a NIP which claimed I had been exceeding the speed limit and a time was given for when the offence had taken place. Whilst I know I was on the road on the date stated the time just didn't fit. According to the letter the time was 12.59 yet I know I was still on the motoway at that time because I was listening to a show on Radio 2 that starts at 1.05. I also know that a few minutes after the picture was taken my wife received a call on her mobile records on her phone prove that the call was made at 1.26. I wrote to the person who had sent the letter pointing out the error but all they did was send me a photograph with the time on it of 12.59. They basically said if I wanted to challenge it I would have to go to court. But how can you actually prove that the time was wrong?

For all things legal regarding NIPs the forums at www.pepipoo.com are the place to go.

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Less Kodak, more Kojak.
In times of deceit, telling the truth is a revolutionary act.