I have a scenario and seriously do not know how to respond to a NIP/sec 172 notice that I had received in October 2011.
As the registered keeper I had provided the identity of the driver, unfortunately the driver has not responded back to any of the notices, so the police authority have written back to me to state the following:
a) why i did not indicate on the form why the driver was in possession of my car
b)Provide further details of the driver to accept him as a nomination such as date of birth, address as they can not find a trace of him at the address i provided
c) They want me to re-consider my decision and get me to accept liability as the driver based on their brief view of the images that the driver may be a female and very well be me!!!
I would really appreciate your comment and views although this is my response in draft:
Dear
"not for use as evidence under PACE ACT"
I refer to your letter dated 16th January 2012 and respond accordingly.
Firstly, I am fully aware that the NIP itself specified severe penalties for “providing false information”, in which case it is not my statutory duty to trace the driver, but to supply you with the identity i.e name and address of the alleged person or information which could lead you to the identification of the driver at the time of the alleged offence:-
The Section 172 of the Road Traffic Act 1988, subsection 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
Your reiteration of the severity and consequences in your letter informing me of providing false details and enticing me to reconsider my decision to confess liability, is not only deemed to me as oppressive but actually attempting me to pervert the course of justice.
Irrespective of the above, in terms why I did not indicate on the form reasons for Mr Smith being in possession of my car, this was just a genuine oversight; I had lent the vehicle to Mr Smith from 15-20th October 2011, the only time I was aware that the offence had taken place was when I was in receipt of the NIP notice in October.
In relation to me providing you with Mr Smith's date of birth, I am unable to provide such ‘personal’ details, I’m certain that he would be able to disclose such information himself, from my understanding Mr Smith was a visitor at the address last known to me where he was living which I provided.
I also feel that I am being enticed into a confession for an offence under S172, to make such allegations and presumption based on your subjective impression of images from the speed camera, to me is unfair and since you have made such a allegation, I would now like to see the supported photographic evidence, whilst asserting my right under the Article 6 of the European Convention on Human Rights Act.
Lastly, I do not believe that I have committed an offence as Under Section 172 of the Road Traffic Act, I have provided the name and address of the person who I believe to the best of my knowledge was the driver of my vehicle at the time of the alleged motoring offence.
I will attempt to seek a telephone number and/or forward further details of any other person who could be asked to give information and may lead to the identification of Mr Smith.
Do you think im being to harsh??
Am I right in my response?
Anything else I should consider?
Do I have to respond?