Notice of Intended Prosecution whilebike is locked at home

And swear the goats to silence.

hi guys 

tnx all for the helpful suggestions 

i strongly believe zipcars have trackers on them: you reserve one of the cars which are scattered all over the city and you pick it up from a car club bay, i guess they wouldnt leave their cars without knowing where they are 

if things get to that stage i would get in touch with zipcar and ask for help too

as for the keys i had them with me the whole time, and nobody at my house would dare to allow themselves to even touch the bike let alone ride it without me knowing 

as for burning the bike i dont think that will be a suitable plan for the moment ;) 

 if they have photographic evidence and their details were accurate, this leaves me with one and only one explanation, which is my number plate was cloned

and i guess it will be harder for them to come to that conclusion as well because their sole responsibility is to prevent such thing happening as a body that is supposed to prevent/reduce crime and fraud 

as much as i want to sort this out and get it over with, i also have a  feeling that they will come back with some complicated bullchit 

what i have done today is send they NIP unfilled along with a covering letter detailing what i mentioned before(in which i also mention that am the owner/keeper of the bike with such and such reg number plate and the only one insured on it), the reciept for zipcar reservation and a print out of my google maps location history for the day on which the offence took place 

I kept copies of all those documents 

this looks like it is going to be a long and lengthy process

will update you all if i hear from them soon 

tnx everybody for your help 

Right, first things first, lets get things into perspective.

A bike has been recorded exceeding the speed limit and the registration number has been recorded, therefore a Notice of Intended Prosecution (NIP) is required to be sent out to the registered keeper so that it has a reasonable chance of arriving within 14 days of the date of the alleged offence.

The arrival of an NIP does not guarantee that you are being prosecuted, it is just a requirement to notify the registered keeper that Consideration to the question of prosecuting for the offences of…is being given.   

Forgetting any evidence at the moment, you need to notify the Police of the details of the registered keeper and/or the rider at the time.  Failure to do so is a seperate offence regardless of any speeding matter.

You can include a covering note stating that you have included details of the registered keeper (I assume that this is you) but you can also say that on the date in question and at the time you were (enter location) and that you were driving a car that you had hired from (enter details) which confirms your presence elsewhere and that you are prepared to produce this evidence at court.

Also confirm that your bike was locked up in a secure garage or wherever it is kept and that nobody had your authorisation or permission to use the bike.  You could then suggest that you suspect that either your registration number has been written down incorrectly or cloned.

This may have the desired affect of binning the whole process there and then.  But if they decide to go further, then you will receive further correspondence detailing what the next process is.  If they decide that they are going to continue with a prosecution or offer a fixed penalty, then that is the time you start asking for evidence and you consider sorting out a defence.  If it gets to that stage, then let me know and I can put you in touch with someone who can assist you and represent you if needs be.

At this stage though, don’t start panicking about prosecutions or anything like that.  If you are really cncerned though, then nip into your local Police station with the paperwork and they can always speak to the central ticket office (or at least they should) on yur behalf and they will be able to advise you of the best way forward.

T.C i will most definitely need legal help if things get to the court stage in which case i will give you a shout 

Your missing the main point here. Where you were at the time of the alleged offence is of no consequence, you need to focus on where your bike was.

The last two NIPs I received, from Suffolk in 2015 and Essex in 2007, both included photographic evidence. Didn’t your NIP include photographic evidence? If not request a copy. My point here is that the evidence works both ways and it will prove it was not your motorcycle, there should be a number of differences between the two.


Your missing the main point here. Where you were at the time of the alleged offence is of no consequence, you need to focus on where your bike was.
The point you are missing at the moment, is that there is no obligation at this time to provide ay photographic evidence.  Once the OP has made the point that he was not near the location in question and that the bike (as far as he is aware) was locked up, then a more detailed enquiry will commence.

The NIP is simply a compliance or protocol requirement, it is not a prosecution or even a provisonal offer of a FPN.  That might come later, and that is when the point you make becomes relevant.

The NIP I had allowed me to view the photo online - as well as inspect the calibration documents + a few other things. Very interesting to a point… plus it reminded me of why I went through the lights a bit fast… 

The NIP I had allowed me to view the photo online - as well as inspect the calibration documents + a few other things. Very interesting to a point... plus it reminded me of why I went through the lights a bit fast...  Abzero
The point is, there is no requirement legally for it to be made available at this stage.  Different forces adopt different policies.
Your missing the main point here. Where you were at the time of the alleged offence is of no consequence, you need to focus on where your bike was.
The point you are missing at the moment, is that there is no obligation at this time to provide ay photographic evidence.  Once the OP has made the point that he was not near the location in question and that the bike (as far as he is aware) was locked up, then a more detailed enquiry will commence.

The NIP is simply a compliance or protocol requirement, it is not a prosecution or even a provisonal offer of a FPN.  That might come later, and that is when the point you make becomes relevant.

T.C
Thanks for the correction TC, one step at a time ;-)

I haven’t read the full post so sorry if this has been asked.

Have you asked for the photo?
If not that may be helpful for you to work out if it was/was not you or your bike.

I haven't read the full post so sorry if this has been asked.

Have you asked for the photo?
If not that may be helpful for you to work out if it was/was not you or your bike.

Daws1989

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hi guys

the NIP did not have any photographic evidence or any invite to see it online

i have asked them for it on the covering letter 

it just hit me now that national treasure has got a point which will undoubtedly make things even more complicated, but i am hoping i dont get to that stage where his point becomes valid 

as far a i am concerned, my bike was locked at home all day and i got a flatmate who can prove that it was 

and I got proof that i was away all day on a rental car 

i still haven’t heard from them yet 

hi guys

the NIP did not have any photographic evidence or any invite to see it online

i have asked them for it on the covering letter 

it just hit me now that national treasure has got a point which will undoubtedly make things even more complicated, but i am hoping i dont get to that stage where his point becomes valid 

as far a i am concerned, my bike was locked at home all day and i got a flatmate who can prove that it was 

and I got proof that i was away all day on a rental car 

i still haven’t heard from them yet 

bilalbk
I wouldn't worry about it - you first need to tell them there's crime here. Then hopefully it will sort itself out. The'll take a closer look and close it off i'm sure.

A mate of mine was getting parking fines and notices for 18 months when someone cloned his number plate (a car). Each time he had to go through the same process as T.C. described.

They eventually caught the guy but my mate was getting something a couple of times a week. It was an absolute nightmare but they had to keep following process. The only thing that made it simple was the guy was driving a blue mondeo and my mate drives (or did) a silver Corsa, so it was easy to prove it wasn’t him.

Get it paid. You know you did it! :grin:

....The only thing that made it simple was the guy was driving a blue mondeo and my mate drives (or did) a silver Corsa, so it was easy to prove it wasn't him. DrWhooligan
Very smart, copy plate of a totally different vehicle !?

The criminal fraternity certainly ain’t what it use to be, hopefully that’ll be the case for Bilbo  :wink:

Unless of course you own a silver corsa & a blue Mondeo with easy-swap plates for those occasions when you need to get somewhere quickly… :wink:

so i just got a letter from them saying that i have indicated that there maybe another bike bearing a duplicate of my bike’s reg number plate

they said they launching an enquiry into this and they asked me to furnish them with picture of the bike before they can eliminate my bike from this mess

sides, rear, nearside, off side

fingers crossed this will get soon 

That will prove nothing though. If you have (for example) a blue 2008 gsxr and the cloned vehicle is a blue 2008 gsxr it will look identical, especially as they obviously have the same number plate

i would assume they have dealt with many cases like mine before

so i guess they have their ways of identifying differences

hence the request of pictures different angles of the bike

I assume its the first stage - if the bikes look the same, then it goes down to your evidence that you and no-one else could ride it.