bi9johnny Posted April 12, 2012 Report Share Posted April 12, 2012 Just spent 35 mins reading this lot and something dont sound right the bit about the speeding ticket dont wash with me because that wood have nothing to do with you EVO im sure there is more to this than your telling us. But for the cops they have sin something they dont like with you YOU dont drive taxis do you ? Or and you are the only person i hurd of geting knocked back for a sgc have you never known anyone who was knocked back tony, i know a few :lol: Quote Link to comment Share on other sites More sharing options...
Dave-G Posted April 12, 2012 Report Share Posted April 12, 2012 What's wrong with driving taxis Tony? Quote Link to comment Share on other sites More sharing options...
swiss.tony Posted April 12, 2012 Report Share Posted April 12, 2012 What's wrong with driving taxis Tony? keep ya shirt on Dave only the last 2 serial killers that had guns drove taxis must be a stressful job that was all mate never meant owt by it Quote Link to comment Share on other sites More sharing options...
Dave-G Posted April 12, 2012 Report Share Posted April 12, 2012 keep ya shirt on Dave only the last 2 serial killers that had guns drove taxis must be a stressful job that was all mate never meant owt by it It's ok mate - not spittin me dummy out Quote Link to comment Share on other sites More sharing options...
evo Posted April 12, 2012 Author Report Share Posted April 12, 2012 (edited) Just spent 35 mins reading this lot and something dont sound right the bit about the speeding ticket dont wash with me because that wood have nothing to do with you EVO im sure there is more to this than your telling us. But for the cops they have sin something they dont like with you YOU dont drive taxis do you ? Or and you are the only person i hurd of geting knocked back for a sgc ok i,ll explain in english,,,,i owned a van,,,,do yo understand that my wife was insured to drive my van,,,,,,do you understand that she was a named driver on MY van insurance,,,,,do you understand that : while she was driving my van to collect stock she drove past a speed camera at 39mph in a 30mph limit road,,,,,do you understand that 5 weeks after this happend yes five weeks,,,,,do you understand that i received a letter asking who was driving my van at the time of the offence,,,,,,,,do you understand that ,,i,m not going too slow i hope,,,,the letter was sent to me because the vehicle was in MY yes MY name,,,,,do you understand that,,,, i was in work so could not have been driving the VAN,,,,,do you understand that,, my wife realised it was HER driving to collect stock,,is it getting clear now,, she filled in the form that was sent to me admitting the speeding offence,,do you understand that SHE yes MY WIFE received 3pts on her licence for this,,,, is it getting clear yet,,are you understanding me,, so now for the big finish, WHY yes i,ll repeat it so you might understand ,, WHY was this brought up and also because it was not me,,hang on sir i,ll repeat this so hopefully it sinks in,,it was not me driving was this thrown in my face in my interview,,,,hope you have got it now,,also please note i have not been told i have been refused my licence YET Edited April 13, 2012 by evo Quote Link to comment Share on other sites More sharing options...
evo Posted April 12, 2012 Author Report Share Posted April 12, 2012 i've met him a couple of times and he is :lol: :lol: only joking i can honestly say he is sound and a nice bloke :good: gutted for you mate if you want a chat txt me we have a coffee bud let me also point out that pc cawthorne is a serving officer and is a stickler for doing things as he seems proper , he is also a bit anal as to what he thinks is home office rules.. i would of phoned bob stevens who is head of firearms in merseyside police(i have a direct number if you want) and who is more approachable they have had my fac in for variations and open ticket status since 3rd of feb even returning my fac so i can purchase ammo while they deal with the other stuff will bell ya over the weekend mate for a brew,,cheers john Quote Link to comment Share on other sites More sharing options...
MiLisCer Posted April 13, 2012 Report Share Posted April 13, 2012 (edited) ok i,ll explain in english,,,,i owned a van,,,,do yo understand that my wife was insured to drive my van,,,,,,do you understand that she was a named driver on MY van insurance,,,,,do you understand that : while she was driving my van to collect stock she drove past a speed camera at 39mph in a 30mph limit road,,,,,do you understand that 5 weeks after this happend yes five weeks,,,,,do you understand that i received a summonds asking who was driving my van at the time of the offence,,,,,,,,do you understand that ,,i,m not going too slow i hope,,,,the summonds was sent to me because the vehicle was in MY yes MY name,,,,,do you understand that,,,, i was in work so could not have been driving the VAN,,,,,do you understand that,, my wife realised it was HER driving to collect stock,,is it getting clear now,, she filled in the form that was sent to me admitting the speeding offence,,do you understand that SHE yes MY WIFE received 3pts on her licence for this,,,, is it getting clear yet,,are you understanding me,, so now for the big finish, WHY yes i,ll repeat it so you might understand ,, WHY was this brought up and also because it was not me,,hang on sir i,ll repeat this so hopefully it sinks in,,it was not me driving was this thrown in my face in my interview,,,,hope you have got it now,,also please note i have not been told i have been refused my licence YET Evo - you were sent a NIPD not a summons - a Summons would have been for you to appear at court - the NIPD would request driver details - this is not recorded on the PNC, so there is something amiss here and before anyone spouts off I am an Ex traffic PC - so I do know what I am talking about in respect to this. If you had received a summons it would have been for failing to comply with the NIPD which you would have had within 28 days. If you had failed to answer the NIPD then YOU would have been guilty of this offence not the driver. The driver (your wife) would still get the 3 points, but you would have been dealt with for not complying with the NIPD Edited April 13, 2012 by MiLisCer Quote Link to comment Share on other sites More sharing options...
swiss.tony Posted April 13, 2012 Report Share Posted April 13, 2012 ok i,ll explain in english,,,,i owned a van,,,,do yo understand that my wife was insured to drive my van,,,,,,do you understand that she was a named driver on MY van insurance,,,,,do you understand that : while she was driving my van to collect stock she drove past a speed camera at 39mph in a 30mph limit road,,,,,do you understand that 5 weeks after this happend yes five weeks,,,,,do you understand that i received a summonds asking who was driving my van at the time of the offence,,,,,,,,do you understand that ,,i,m not going too slow i hope,,,,the summonds was sent to me because the vehicle was in MY yes MY name,,,,,do you understand that,,,, i was in work so could not have been driving the VAN,,,,,do you understand that,, my wife realised it was HER driving to collect stock,,is it getting clear now,, she filled in the form that was sent to me admitting the speeding offence,,do you understand that SHE yes MY WIFE received 3pts on her licence for this,,,, is it getting clear yet,,are you understanding me,, so now for the big finish, WHY yes i,ll repeat it so you might understand ,, WHY was this brought up and also because it was not me,,hang on sir i,ll repeat this so hopefully it sinks in,,it was not me driving was this thrown in my face in my interview,,,,hope you have got it now,,also please note i have not been told i have been refused my licence YET lol let hope they do refuse you cause with your attitude id not trust you with a cap gun Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted April 13, 2012 Report Share Posted April 13, 2012 just to be devils ad...if the NIPD was sent 5 weeks later you could have turned round and not done anything as they have to send the letter within 14 days..... Quote Link to comment Share on other sites More sharing options...
choke it Posted April 13, 2012 Report Share Posted April 13, 2012 evo i got cautioned for failing to disclose information on my sgc and it never stopped me getting fac and sgc and it was a lot worst than yours hope this helps mate Quote Link to comment Share on other sites More sharing options...
MartynGT4 Posted April 13, 2012 Report Share Posted April 13, 2012 just to be devils ad...if the NIPD was sent 5 weeks later you could have turned round and not done anything as they have to send the letter within 14 days..... Thought it was 21 days Quote Link to comment Share on other sites More sharing options...
bedwards1966 Posted April 13, 2012 Report Share Posted April 13, 2012 just to be devils ad...if the NIPD was sent 5 weeks later you could have turned round and not done anything as they have to send the letter within 14 days..... Thought it was 21 days I believe 14 is correct. I think a lot of people have wriggled out of it thanks to that! Quote Link to comment Share on other sites More sharing options...
chady Posted April 13, 2012 Report Share Posted April 13, 2012 And in the next episode of The Bill....... lol Quote Link to comment Share on other sites More sharing options...
evo Posted April 13, 2012 Author Report Share Posted April 13, 2012 evo i got cautioned for failing to disclose information on my sgc and it never stopped me getting fac and sgc and it was a lot worst than yours hope this helps mate thank mate, Quote Link to comment Share on other sites More sharing options...
evo Posted April 13, 2012 Author Report Share Posted April 13, 2012 (edited) Evo - you were sent a NIPD not a summons - a Summons would have been for you to appear at court - the NIPD would request driver details - this is not recorded on the PNC, so there is something amiss here and before anyone spouts off I am an Ex traffic PC - so I do know what I am talking about in respect to this. If you had received a summons it would have been for failing to comply with the NIPD which you would have had within 28 days. If you had failed to answer the NIPD then YOU would have been guilty of this offence not the driver. The driver (your wife) would still get the 3 points, but you would have been dealt with for not complying with the NIPD hi mate ,, i should of just said i was sent a letter,,this was filled in and sent off within 48hrs,, that is what i couldn,t understand why i was asked about this,, anyway thanks for your genuine reply cheers ,,,,,,, i have now changed the wording in my post,,many thanks again Edited April 13, 2012 by evo Quote Link to comment Share on other sites More sharing options...
evo Posted April 13, 2012 Author Report Share Posted April 13, 2012 lol let hope they do refuse you cause with your attitude id not trust you with a cap gun thanks for your honesty,, Quote Link to comment Share on other sites More sharing options...
JonathanL Posted April 16, 2012 Report Share Posted April 16, 2012 5 weeks after this happend yes five weeks,,,,,do you understand that i received a letter asking who was driving my van at the time of the offence This is a notice under Sec.172 of the relevant Act. It must be served within 14 days of the alleged offence. If it isn't then it has not been validly served and no prosecution can be brought and no fixed penalty can be applied. Your wife could probably get the points and fine quashed! J. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted April 17, 2012 Report Share Posted April 17, 2012 This is a notice under Sec.172 of the relevant Act. It must be served within 14 days of the alleged offence. If it isn't then it has not been validly served and no prosecution can be brought and no fixed penalty can be applied. That is not factually correct. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted April 17, 2012 Report Share Posted April 17, 2012 That is not factually correct. Which bit of it? J. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted April 17, 2012 Report Share Posted April 17, 2012 All of it. You keep saying posters cannot make statements without backing them up. Yours is incorrect - full stop. You really need to check your facts. Quote Link to comment Share on other sites More sharing options...
Dave-G Posted April 17, 2012 Report Share Posted April 17, 2012 I THINK plod has to issue the NIPD/request for driver information within that period. If the reg keeper takes 14 days to respond then that is no get out for the actual driver. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted April 17, 2012 Report Share Posted April 17, 2012 Dave-G - 14 days is the norm, but there are exceptions which mean that a prosecution can still take place. It can still be served validly outside that period. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted April 17, 2012 Report Share Posted April 17, 2012 All of it. You keep saying posters cannot make statements without backing them up. Yours is incorrect - full stop. You really need to check your facts. Section 1(1)of the Road Traffic Ofenders Act 1988 requires that you cannot be convicted of an offence unless you have been served with a notice of intended prosecution. Section 1(1A) requires that the Notice of Intended Prosecution be served within fourteen days of the alleged offence on the registered keeper of the vehicle. Sec.172 of the Road Traffic Act is the requirement for the keeper to provide driver details. Sec.172(2) says, '(2)Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—....'. So, if a NIP has not been served then nothing has been 'alleged' against the driver so there can be no requirement to provide the information until they sereve the NIP. If they serve it after 14 days it is not valid as no offence has been alleged so you cannot get done for failing to provide the information. Moreover - if you look back to sec.1(1) above, then it is clear that if there is no valid service then you can not be convicted under any circumstances. Any conviction arising from late service is no conviction and is void. J. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted April 17, 2012 Report Share Posted April 17, 2012 They do not have to prove that you received it within 14 days - only that they sent it. There are also exceptions e.g.where a driver has not kept DVLA informed of any new address and the NIP does not reach them or arrives late. You cannot make sweeping statements - but then again - you do tend to do just that. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted April 17, 2012 Report Share Posted April 17, 2012 They do not have to prove that you received it within 14 days - only that they sent it. I have not claimed otherwise. The fact is though that it must be 'served' within fourteen days. If it isn't you can not be convicted. There are also exceptions e.g.where a driver has not kept DVLA informed of any new address and the NIP does not reach them or arrives late. That's not an exemption. The notice is 'served' if it is sent to the last known address of the keeper, whether he gets it or not or whether it was returned as undeliverable or not or even whther it actually gets to the address or not. Service takes place when it is posted. You cannot make sweeping statements - but then again - you do tend to do just that. I didn't make any sweeping statements. What I said was correct. I'll give you the fact that, strictly speaking, I suppose they could send the NIP within 14 days and then take another four and a half months to send the sec.172 form to provide the name of the driver but that isn't how it works. They come out together and I think hey are actually two sides of the same form. Fact is - if they don't serve the keeper with the NIP within 14 days then the driver cannot be convicted. J. Quote Link to comment Share on other sites More sharing options...
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