What the Feck!??! What the hell is this?!

[RaceMeNSee]

Ive had a Brown envalope on the side for a while now, Finally decided to open it this morning.............


The Driver of motor vehicle bearing the registration mark R68(My number plate) is alleged to have committed an offence under the road traffic act 1988 (on the front page it says Dangerous Driving and Careless driving with out due care and attension) at 2200hrs at stock road, Billericay on wednesday 16th August 2006

On behalf of the cheife constable of essex, i hereby require you to furnish within 28 days of the date of service of this notice the name and address of the driver of the vehicle on the above occasion, as required by section 172, road traffic act, 1988. FAILURE TO COMPLY WITH THIS REQUIREMENT IS AN OFFENCE PUNISHABLE BY A FINE AND IN SOME CIRCUMSTANCES ENDORSEMENT OF YOUR DRIVING LICENCE.


WTF.........at 10...on the way back from the pub, i usually take it pretty easy - and i dont remember doing anything crazy...ALSO i would have had Shorty and Robsal following right behind me...........what do you guys reckon has happened here? there's no mention of speeding either - and the envalope was just a normal hand written one - nothing official from the police......Kinda worried obviously - but i really dont think ive done anything wrong! which road is that one? cause im crap with names of roads? you guys think it may have been an anxious local with a pen and paper? INFACT the worse thing i think i do on evenings on the way home, is sway left and right to get the crud off my tyres....could i be getting done for this?! any advice or anything would be greatly appreciated...

Thanks,
Jon

[robsal0230]

I hope I dont get one!
Joking aside I hav`nt seen you do anything stupid going home. You even adhere to the speed limit , and wave with joy when we get to the 70mph part!

[Jetski]

Does it not say 'Notice of Intended Prosecution' on it anywhere??

Not sure if its unusual to recieve a request to furnish details of the driver of the listed vehicle, but it would usually give an indication of the alleged offence, and in this case it sounds as if the alleged offence is Dangerous/careless driving/without due care and attention - that could be anything from running a red light, mounting the pavement, overtaking on the inside or other more serious offences...

Dangerous Driving and Driving without due care and attention are two seperate punishable endorsement offences. Dangerous driving covers things like racing on the road, persistant/deliberate bad driving, speeding, unsafe overtaking, jumping lights, aggressive driving. Careless driving includes some of those, but instead of definately jumping lights for example, it would be 'failure to see lights', driving too close, unsafe overtaking... etc.

If it says anwhere 'Notice of Intended Prosecution' (NIP) then you know you've most likely been caught by a traffic light camera or a camera of some kind. If its not an 'NIP' then I'm not sure... Not sure if a pedestrian/other road user can make an allegation to the police who can then issue a request for information based on that allegation...

Shifty might know :D He's busy working on the track bikes today, but will be on here later :)

EDIT - if its an NIP then as you probably know, you must have recieved it within 14 days of the alleged offence, otherwise its invalid.

[RaceMeNSee]

it says, :- In compliance with the provisions of section 1 of the road traffic offenders act, 1998, i hereby give you notice that it is intended to institute proceedings against you for :

Nature of offence

Dangerous Driving
Careless Driving without due care and attension

Contrary to: section 2 and 3 of the road traffic act 1988 and section 170 of the road traffic act 1988


but then at the bottem it says,

NOTE:
The fact that this notice has been sent to you does not necessarily indicate that you will be prosecuted. To comply with the law such a notice must be sent within 14 days of an ancident which may lead to a prosecution for the offence named. If it is decided to institute proceedings, you will be informed......

And it says - RESTRICTED (when complete) - at the top of every page....
this is gay - i dont remember doing anything wrong - i really wanna know what im supposta have done?!

[RaceMeNSee]

o.k im getting REALLY worried now, just looked up the RTA's and.....

170.—(1) This section applies in a case where, owing to the presence of a motor vehicle on a road, an accident occurs by which—
(a) personal injury is caused to a person other than the driver of that motor vehicle, or (b) damage is caused— (i) to a vehicle other than that motor vehicle or a trailer drawn by that motor vehicle, or (ii) to an animal other than an animal in or on that motor vehicle or a trailer drawn by that motor vehicle, or (iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road in question is situated or land adjacent to such land.

[RaceMeNSee]

i dint hit anyone, or cause any incidents?!?!?!? WTF?!?! i have witnesses to proove it ffs!??!

[Juvenilerider]

They mentioned section 2 and 3 though mate,

(2) The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.

(3) If for any reason the driver of the motor vehicle does not give his name and address under subsection (2) above, he must report the accident.

[RaceMeNSee]

yeah, but why would they randomly want to know if i was riding the bike?!
i dint cause or evan SEE any incedents of any sort - and i was riding pretty slowley as im not overly keen on riding in the dark!

[DoodleBug]

Stock Road is what the high street becomes after you cross the railway lines heading for the A12

[Juvenilerider]

I reckon it's a failure to stop for something.

Looking at the different sections and everything they mention, looks as if you've failed to stop for something. Whether that be causing an accident or even if you've just not noticed a copper waving you down or something?

[Juvenilerider]

It doesn't say you've caused an accident. All the sections they refer to are about failing to stop.

[Jetski]

Hmmmm... I think there's only one thing you can do here and that's give them the information they have asked for (otherwise they can prosecute for not supplying it).... the quicker you do it, the quicker you'll know what the actual offence is...

.... what's confusing is that is that it doesn't seem clear if its a notice of prosecution or not. It seems to read as a notice to say that you might get a notice of prosecution, so does the 14 day rule apply??? Mick might know :D

But other than that,

This is rule 2/3

Reckless driving.

2. A person who drives a motor vehicle on a road recklessly is guilty of an offence.
Careless, and inconsiderate, driving.

3. If a person drives a motor vehicle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.


Coupled with rule 170, it seems that they think you've driven recklessly/carelessly and caused either damage to a vehicle, a person other than the vehicle driver... or damage to an animal NOT in the car, or land/property that the road is on.....

How absolutely bizaare!!!??

Get the info to them and find out whats going on... If you've not done anything (you're aware of at least) and have witnesses that can say they were with you at that time, I don't think there's much to worry about... at worst surely its a red light or something!!!???

I hope its all ok for you!!

[Juvenilerider]

On behalf of the cheife constable of essex, i hereby require you to furnish within 28 days of the date of service of this notice the name and address of the driver of the vehicle on the above occasion, as required by section 172, road traffic act, 1988. FAILURE TO COMPLY WITH THIS REQUIREMENT IS AN OFFENCE PUNISHABLE BY A FINE AND IN SOME CIRCUMSTANCES ENDORSEMENT OF YOUR DRIVING LICENCE.

That basically means, tell them who was riding the bike within 28days of receiving the letter. So makesure you're within that time as the letters been sitting on the side for a while or they'll lube you up and aim for penetration.

[Shorty]

DUDE!!!!!!!!!!!!!!!!!!!!! WTF!!!!!!!!!!! im so confused by this as you NEVER ride dangerously on the way home fromthe pub!!!! Infact U dont ever! failure to stop?!?!?!?! stop for whom? And if so shouldnt me and robsal be getting letters too, surely we have failed to stop too?!?!?! how f*****g annoying that must be jon! :( Dude im crushed really i am!

[Ride-or-die]

.... and why wasnt the letter all official and printed with proper headers?

[Shorty]

Dude i got it, 1 its not supposed to be hand written, like people have said. SOOOOOOOOOO you only live like a few mins from the head office of the dvla, or even the local bobby! go ask em if its legit. the worst that can happen is they say yes! But dude if it aint its fraud! and im sure they would want to know that someone is doing this! :D

[Juvenilerider]

Dude i got it, 1 its not supposed to be hand written, like poeple have said. SOOOOOOOOOO you only live like a few mins from the head office of the dvla, or even the local bobby! go ask em if its legit. the worst that can happen is they say yes! But dude if it aint its fraud! and im sure they would want to know that someone is doing this! :D

Im pretty sure the NIP is proper, it was just a handwritten address on the envelope.

[Shorty]

Still worth the check aint it?

[Juvenilerider]

I wouldn't of thought so. They could write the address it cats ****.. it's whats in the envelope that's legal and matters.

[Shorty]

what you think its not worth checking its legit? what harm does it do checking that its all legit and finding out exactly whats up? lol sorry if that came out like i was snapping or something mate ;)

[Juvenilerider]

Nah it won't do any harm but i'd say it's a waste of time, I might be wrong.. but i'm pretty sure they ain't gonna go, "oh yeah you're right, it had a hand written address, silly us"

[Shorty]

lol i see what ur saying but surely its better to know if its legit and you need to send ur details off? Saves all the panic!

[Ride-or-die]

worrying whether it is real aside get it checked out to see what its all about, my old man will take a look at it if u want

[Shorty]

Now thats a good idea Jay

[gixer400]

no such thing as careless driving without due care and attention.

i should know ;)

it is actually called driving without due care and attention (code CD10)

pop to the police station and see what they think.

[Jetski]

Yes, spose its probably best to assume its legitimate but before sending any details off, go to the cop shop just to get it checked out.

[gixer400]

anyway, bad luck jon. i forgot to mention that one.
lets hope you are fine.

i think driving without due care and attention is 3 points. dengerous driving is 6.

plus a few hundred $$$



im no expert though.
but im sure youll be fine.

[robsal0230]

[quote=gixer400]anyway, bad luck jon. i forgot to mention that one.
lets hope you are fine.

i think driving without due care and attention is 3 points. dengerous driving is 6.

plus a few hundred $$$


Thats how you spoil a mans weekend!!!

[gixer400]

better than jail.

6 months for leaving the scene of an accident

[robsal0230]

Dont worry John you have NEVER caused any sort of accident on the way home from the pub.If you had of done I would of been in it as I am always lagging behind!!!!!!!!!

[gixer400]

oh dear. i hope i wasnt misunderstood.

i cant imagine jon causing an accident. but theres nothing wrong with a few points. :)

[robsal0230]

oh dear. i hope i wasnt misunderstood.

i cant imagine jon causing an accident. but theres nothing wrong with a few points. :)


Not by me

[crescent750]

You could always pop down the ol bill shop.

they might be able to explain exactly what has happened, and what it is you've got...

[RaceMeNSee]

thanks for all your help huys, i would be lieing if i said i wasnt pooping my pants! i dont want any points on my liceance......i still dont think ive done anything wrong?!im gonna nip up the cop shop today and ask them if they have any details on there comps or anything?!

[rembrandt]

hope its all ok Jon

[Juvenilerider]

I hate to sound negative Jon, it is worth checking it out.. but you have done something wrong. They won't be making it up.

Sorry to sound like a ****, but you have done something wrong - just find out what it is and work out if you can get out of it.

[RaceMeNSee]

cheers bonnet!
i went to the cop shop, and the very helpful women put me straight - the 170 or 160 or what ever it was would only happen if i didnt fill out the form, and the other one she reckons would be from something like if someone saw me pull out on a roundabout to fast, excellerat to fast, be to noisey, she reckons someones taken down my plate and reported me to the police as being a bad boy, riding fast or what ever! so she said its probs not that bad, and to just fill it in!

[DoodleBug]

Bloody do-gooders need to get a life, instead of messing with other peoples. :shooter Sounds like you'll be OK with this one then.

[Lateshift]

Just make sure you have a couple of names to back you up as independant witnesses and it should go okay, it seemed strange this to me, if it was a speeding NIP, it would have had a recorded speed on it, if it was a tug for dangerous driving you would have been pulled already,

What will probably happen is you will fill the form in and send it off confirming you as the rider, the Police then have to decide if they are going to pursue it based on what has been reported to them.

If it is just a case of someone getting the arse with you because you were riding in a manner that didnt get them a tingle in the pants, then just argue it and sling some names down to back you up and argue that the drivers must have been brahms list :D

[RaceMeNSee]

Hahhaah, zaclt what i was thinking mate! it just really shook me up when i read into what the codes meant!

[Gazdaman]

Jesus mate, keep us informed! And stop doing the weaving bouncy suspension thing!

Gaz

[gixer400]

ill back you up jon. i was with you then.

[Shorty]

likewise dude,