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Found this, thought it may help someone, might be handy to print a copy for your own reference. Once you receive a Notice of Intended Prosecution (NIP), for a speeding camera offence, and providing you have not been cautioned by the police. For More Info pepipoo.com
If the Registered keeper is not the driver, he should complete, sign and return the NIP naming the driver. Then, when the named driver subsequently receives their NIP, they may wish to use the following procedure.
However, if the Registered Keeper was driving at the time of the alleged offence, there is nothing preventing them from completing a similar witness statement.
It is advisable to write on the blank and uncompleted NIP/S172 notice only the following words: ?Please see the attached? - then attach it to the following statement and return them both via Special Delivery
WITNESS STATEMENT
(C.J. Act 1967, s9 MC Act 1980, ss. 5A (3a) and 5B. M.C. Rules 1981, r70)
Name:........................... Occupation:................
D.o.B:........................... Over 18
_____________________________________________________________________
This statement consisting of 1 page and attached NIP/ S 172 Notice is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.
Dated....................... Signed................................
_____________________________________________________________________
THE LETTER
Their Ref: NIP reference number
Vehicle registration number
Dear Chief Constable,
Further to the above Notice of Intended Prosecution: I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:
ALL OF THE DETAILS REQUIRED ON THE NIP ? name, address, date of birth, driver number etc. etc.
As this statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley -v- the Chief Constable of Cheshire [2004] 1 All E.R. 58], I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.
Yours sincerely,
Signature of driver
Name of Driver
Why does it work, the information you have freely given above has been provided prior to any police caution, therefore the information you provide cannot be used in a court of law against you. You should seek futher legal advice before commenting should the police caution you.
If the Registered keeper is not the driver, he should complete, sign and return the NIP naming the driver. Then, when the named driver subsequently receives their NIP, they may wish to use the following procedure.
However, if the Registered Keeper was driving at the time of the alleged offence, there is nothing preventing them from completing a similar witness statement.
It is advisable to write on the blank and uncompleted NIP/S172 notice only the following words: ?Please see the attached? - then attach it to the following statement and return them both via Special Delivery
WITNESS STATEMENT
(C.J. Act 1967, s9 MC Act 1980, ss. 5A (3a) and 5B. M.C. Rules 1981, r70)
Name:........................... Occupation:................
D.o.B:........................... Over 18
_____________________________________________________________________
This statement consisting of 1 page and attached NIP/ S 172 Notice is true to the best of my knowledge and belief and I make it knowing that if it is tendered in evidence I shall be liable to prosecution if I have wilfully stated in it anything which I know to be false or do not believe to be true.
Dated....................... Signed................................
_____________________________________________________________________
THE LETTER
Their Ref: NIP reference number
Vehicle registration number
Dear Chief Constable,
Further to the above Notice of Intended Prosecution: I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:
ALL OF THE DETAILS REQUIRED ON THE NIP ? name, address, date of birth, driver number etc. etc.
As this statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley -v- the Chief Constable of Cheshire [2004] 1 All E.R. 58], I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself.
Yours sincerely,
Signature of driver
Name of Driver
Why does it work, the information you have freely given above has been provided prior to any police caution, therefore the information you provide cannot be used in a court of law against you. You should seek futher legal advice before commenting should the police caution you.
