Notice of Intended Prosecution

[oghene]

Guys,

I have recieved an NIP, but it wasn't signed. I am thinking of sending a notice back stating that I am acting as agent for my 'Person', and this cannot be dealt with until it is signed.

What does the forum suggest?

[rosix]

I want to quickly add - is one even in dishonour for not replying to such a notice? Being without a wet signature and all..

[oghene]

I want to quickly add - is one even in dishonour for not replying to such a notice? Being without a wet signature and all..

Rosix,

I think one may be in dishonour with a non response.

The allegation is in accordance with Section 172 of the Road Traffic Act 1988 and the requirement is to furnish the driver's details in 28 days.
Upon reading the act Section 172 (2) a,

the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of a chief officer of police, and

Shall being imperative removes any recourse to invoke your common/fundamental right to silence. It also forces a man to incriminate himself, if he is in fact the driver. It goes against the common maxim that he who makes the allegation must prove it.
The statutory excuse would be to attempt to perform reasonable diligence, and upon that the registered keeper can say he is unable to inform as to the identity of the driver

[bsmurph83]

Guys,

I have recieved an NIP, but it wasn't signed. I am thinking of sending a notice back stating that I am acting as agent for my 'Person', and this cannot be dealt with until it is signed.

What does the forum suggest?

What is the actual content of the NIP?

I don't think I would ever identify myself as the agent for the person. the person is the agent for YOU, the living breathing man. You are 'Principal' or the 'Primary Creditor'. Careful that you don't render your status to that of debtor rather than creditor. The notices being sent to your person rather than you is what you want, they can't address non-fiction (the living man).

[armoured_amazon]

Guys,

I have recieved an NIP, but it wasn't signed. I am thinking of sending a notice back stating that I am acting as agent for my 'Person', and this cannot be dealt with until it is signed.

What does the forum suggest?

I got one last week. :rolleyes:

[stickwhistler]

You give no details of your NIP,
and there may well be grounds to point out
that it may be invalid e.g. date issued -v- date received,
1st class post -v- 2nd class post used, etc.

Pop over to http://forums.pepipoo.com/index.php? and have a look there.
The reason I say that is because TPTB may not have followed
their own rules, and thus disqualify themselves from any action
against you (or your person :D ), and it is less of a ball-ache to
point that out first, than to argue the Freeman route with
bureaucrats that do not want to know, even though the
Freeman route is correct - IMHO.

If you can't make use of the pepipoo site,
then obviously the Freeman route is the way to go.
If you fill in their forms - as requested by TPTB - you unwittingly
agree to contract with them, so write your own Notice(s).
There are plenty of examples in this Freeman section or TPUC.org.

Best of luck.

[oghene]

You give no details of your NIP,
and there may well be grounds to point out
that it may be invalid e.g. date issued -v- date received,
1st class post -v- 2nd class post used, etc.

Pop over to http://forums.pepipoo.com/index.php? and have a look there.
The reason I say that is because TPTB may not have followed
their own rules, and thus disqualify themselves from any action
against you (or your person :D ), and it is less of a ball-ache to
point that out first, than to argue the Freeman route with
bureaucrats that do not want to know, even though the
Freeman route is correct - IMHO.

If you can't make use of the pepipoo site,
then obviously the Freeman route is the way to go.
If you fill in their forms - as requested by TPTB - you unwittingly
agree to contract with them, so write your own Notice(s).
There are plenty of examples in this Freeman section or TPUC.org.

Best of luck.

The basic jist of the NIP is that the car was doing 36mph in a 30 mph restricted road. The police allege an offence has been commited and they want to know who the driver is so they can serve the 'driver' with the offence. The notice was not signed, so I simply sent this. It was sent on the 19th May by recorded delivery so they should respond by 01 June at the latest.

J R Plant
Traffic Criminal Justice
Operational Command Unit
P.O.Box 510
DA15 0BQ

Ref:
PS0345/09/0025O1X

JB ref:
NIP01

NOTICE OF INTENTION NOT TO BE LEGALLY BOUND

Dear Sir/Madam,

JOE BLOGGS is not legally bound to any notice(s), letter(s) which is/are unsigned eg, no signature, photocopied signature or electronic signature.

All notice(s), letter(s) which are unsigned will be lawfully ignored.
Any future notice(s), letter(s) must be signed in ink.
Do not re-send notice with ref: C53202945 without a signature as specified in this notice.

If the sender of future notice(s), letter(s) believes they have an authority not to sign notice(s), letter(s) then please provide proof of that authority. You shall respond within 7 days of the date on this notice or you, your principle or other connected parties will lose the legal right to assert anything contrary to the fact that JOE BLOGGS attempted to fulfil a lawful obligation.

Any future correspondence should quote JB ref: NIP01





J Bloggs

On behalf of JOE BLOGGS

[number_6]

I'm not trying to dissuade you from what you are doing, but do bear in mind that failure to respond to a NIP results in 6 points with a hefty fine rather than three points + £60 you would get for the speeding. So it may require you to prove in Court that the NIP is unlawful.

[oghene]

I'm not trying to dissuade you from what you are doing, but do bear in mind that failure to respond to a NIP results in 6 points with a hefty fine rather than three points + £60 you would get for the speeding. So it may require you to prove in Court that the NIP is unlawful.

number_6,

I am not arguing with them or disputing they have an alleged authority. All I simply state is that the notice was unsigned and as such I do not feel legally bound by it.

If they feel that they can send unsigned notices, they should simply prove that authority or send it back signed.

When it is returned, all I simply intend to do is say the truth, I am unaware of who the 'driver' was and I want to fulfill my legal obligation. So could they please send me what photographic evidence they have and I will attempt to identify who the 'driver' was.
Upon receipt of the photos I will perform reasonable diligence as stated in the Act, and if I cannot identify a/the 'driver', I will inform then. Then to me the matter will be closed.
If they seek to take me to court, then they have to suggest i didn't perform reasonable diligence. What more can I do but look at the photographic evidence? :-)

[lizzy]

I got one last week. :rolleyes:

Sorry to hear that AA :( and oghene...........6 miles over and 3 points +fine is ridiculous.....I reckon they want all our money and all the roads to themselves.!!

[oghene]

Sorry to hear that AA :( and oghene...........6 miles over and 3 points +fine is ridiculous.....I reckon they want all our money and all the roads to themselves.!!

Lizzy,

No probs, the statutory excuse is to perform reasonable diligence. I will perform my statutory obligation.

I am not fussed. It gives me an opportunity to use myself as a scapegoat. :-)

[armoured_amazon]

Sorry to hear that AA :( and oghene...........6 miles over and 3 points +fine is ridiculous.....I reckon they want all our money and all the roads to themselves.!!

My NIP is re: unpaid Council Tax. :o

I wouldn't mind, if I popped out a few sprogs I could get tax credits; if I worked more hours I could get working tax credits; if I was unemployed, I could get JSA (all giving me Council Tax benefit) - and yet, if I make myself unemployed, I'm entitled to nothing.

Fookin' ay. :rolleyes:

They just want to suck as much from us as they can. Makes me sick. :mad: