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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I am in court to day for failing to respond to an NIP for a

Customer Question

I am in court to day for failing to respond to an NIP for a speeding offense. I worked for a company who purchased the vehicle, as I was the contact the vehicle was put in my name. A letter was sent from the company explaining the situation that they were the registered keepers not I, that the required photograhic evidence so to identify the driver. Since that time the company went into liquidation I received a summons. I have contacted the liquidators requesting a copy of the letter they say they can not find it, I have also requested copy bank statements showing the funds transferred to the dealers account.
Nothing from the liquidators. However I contacted the dealer who has sent me a letter stating they incorrectly registered the vehicle in my name. I AM AWARE THAT THIS IS REGARDING THE POLICE SUGGESTING I DID NOT REPLY, HOWEVER CAN THE POLICE ACT OR CONTINUE TO ACT ON INCORRECT INFORMATION SENT TO THEM FROM THE DEALER. In other words they sent me the NIP from false information provided to them from the dealer is this not the same a a police officer lying and all evidence there after is inadmissible so to speak
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Are you saying you were not speeding?
Customer: replied 3 years ago.

No, I am summons for not responding to an nip

Customer: replied 3 years ago.

Basically I have written proof that the dealer who passed my details on to the police did so incorrectly. Is there a point of law that I can argue that the police originally started proceeding based on incorrect information

Expert:  Jo C. replied 3 years ago.
Ok. But forget that please. That is a non issue.

Did you get the NIP?
Customer: replied 3 years ago.


yes I did and we replied on company headed paper from the owner. I have no copy as the company records are held at the liquidators.


 

Expert:  Jo C. replied 3 years ago.
Was the NIP addressed to you or the company?

Also, did you reply in the actual s172 form you were sent?
Customer: replied 3 years ago.


To me and no we replied on Company headed paper due to the complicated circumstances as there was not enough room to answer in detail

Customer: replied 3 years ago.


Any news I have to go soon

Expert:  Jo C. replied 3 years ago.
It is a little more complicated than that I'm afraid. This type of thing isn't simple

When you responded, what information did you provide?

Did you mark the s172 form at all?
Customer: replied 3 years ago.

no I just sent the letter from the company

Customer: replied 3 years ago.

I think it will be a question of whether the court believes me rather than the police. That is not likely, is there not a point of law that I can rely on regarding the previous Nip sent to the dealer, who then sent incorrect information back to the police.Then they confirmed their mistake to me in writing. That's what I really want to know.

Expert:  Jo C. replied 3 years ago.
I'm really going to need the information I asked for.
Customer: replied 3 years ago.


I have provided that to you no I only sent a letter from the company on headed paper I did not send back the response letter on the nip

Expert:  Jo C. replied 3 years ago.
I need to know what you said at that time.

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