NIP - CCTV Evidence | Motoring discussion | Back Room Forum

Thu 26 Oct 2017 03:41

NIP - CCTV Evidence - PeterUK

Hi,

My car was hit on the 2nd of October on a train station car park by someone who decided to drive off without leaving a note.
This has left a huge dent on my driver side door.

I got in touch with the police on that same day who said they would review the CCTV to try to identify the person and vehicle behind the accident.

Today, on the 26th, I received an email from the police saying that after reviewing the CCTV they believe they have found the vehicle who hit my car and would send the registered keeper a NIP.

Edit: It is important to mention that the CCTV footage was only made available to the police on the 15th of October.

After reading online about NIPs, it says that these should be sent within a 14 day period after the alleged accident.

Given that my car was hit on the 2nd and the police will only send the NIP today, will the other driver be able to simply
pull the 14-day card and get away with this despite of the CCTV evidence?

Edited by PeterUK on 26/10/2017 at 03:51

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Thu 26 Oct 2017 09:05

NIP - CCTV Evidence - FiestaOwner

Edit: It is important to mention that the CCTV footage was only made available to the police on the 15th of October.

After reading online about NIPs, it says that these should be sent within a 14 day period after the alleged accident.

Given that my car was hit on the 2nd and the police will only send the NIP today, will the other driver be able to simply pull the 14-day card and get away with this despite of the CCTV evidence?

Have a look at this link: www.lawontheweb.co.uk/personal/notice-of-intended-...n

"There are some exceptions to the 14-day rule. For example, if the police could not have reasonably found the information to send the NIP to you within the 14-day period, it may still be possible to prosecute you."

The police had to request the footage. The camera owner/ operator had to consider the request. The footage then had to be sent to the police. The police had to review the footage.

I can see that this would delay the NIP.

Think your circumstances would be covered by the exception above.

Good luck.

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Thu 26 Oct 2017 09:05

NIP - CCTV Evidence - nellyjak

No idea...I guess it's possible (particularly if he/she employs a legal representative)..but perhaps the culprit isn't aware of the 14 day period.?...I know I wasn't..

Hope you get a good outcome nevertheless.

Edit...hopefully the above post from fiestaowner will make you feel a little happier.!!

Edited by nellyjak on 26/10/2017 at 09:07

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Thu 26 Oct 2017 09:40

NIP - CCTV Evidence - RichardW

From your point of view, then NIP is irrelevant - all you want is name and address of reg keeper, that way you can get your insurance on to chasing it. It matters not to you who was driving, the car hit yours and the insurance on the car is liable.

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Thu 26 Oct 2017 16:05

NIP - CCTV Evidence - Middleman

Yes the criminal proceedings are of no real concern to you.

However, the police cannot threaten the Registered Keeper (RK) with prosecution. They need driver’s details (and they will be far more useful to you than those of the RK anyway as the RK may be, for example, a hire or leasing company). In order to obtain this the police have to serve on the Registered Keeper a notice, requesting the driver’s details at the time of the alleged offence. This is done under Section 172 of the Road Traffic Act and failure to respond leads to an offence which carries six points and a hefty fine. In circumstances like yours they usually do this along with a NIP (and they will probably warn the RK that Careless Driving and Failing to stop and/or report the incident are being considered). Importantly there is no time limit on the S172 request and it must be complied with whenever it is served. The NIP is not really important to you but for information the Road Traffic Offenders’ Act makes a number of exceptions to the requirements for a NIP::

2 Requirement of warning etc: supplementary.

(1) The requirement of section 1(1) of this Act [which covers the need to serve a NIP] does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.

(3) Failure to comply with the requirement of section 1(1) of this Act is not a bar to the conviction of the accused in a case where the court is satisfied—

(a) that neither the name and address of the accused nor the name and address of the registered keeper, if any, could with reasonable diligence have been ascertained in time for a summons or, as the case may be, a complaint to be served or for a notice to be served or sent in compliance with the requirement,…

Both of these exceptions apply in your circumstances and in any case no NIP at all is required for Failing to Stop/Report.

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Fri 27 Oct 2017 23:04

NIP - CCTV Evidence - TedCrilly

Edited by TedCrilly on 27/10/2017 at 23:17

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Fri 27 Oct 2017 23:16

NIP - CCTV Evidence - TedCrilly

NIP?

For what exactly?

Suppose the owner of the other car didn't realise he had hit you and it can't be proved he knowingly and intentionally left the scene?

Get his details and let the insurance companies sort it.