Jump to content

Pulled


Recommended Posts

You'll probably get a summons through the post.

Bear in mind this may take some time though as the cop will need to put the evidential file together, it will then need to go through a legal decision maker to decide how to proceed, and then the summons raised and a court date set. That wont happen overnight.

Link to comment
Share on other sites

Every tyre has a serial number. It's not enough to just take a photo without that number and say it was on a particular car. Therefore, should have given a FPN or summons to follow both with said serial number of offending tyre(s).

Rubbish

Link to comment
Share on other sites

it's called the 15 day notice ! they only have 15 day's(working) to send you a letter through the post of intended prosecution ....FACT

Also rubbish.

It's 14 days for start off and if they report you on the roadside then there's no need to send you a NIP through the post. The officer has 6 months to submit a report file so could take 7 months before you get something through the post.

Link to comment
Share on other sites

Rubbish

OK have it your way. Consider that if you got stopped and they said your NSF tyre was below limit (without a serial number to determine the actual tyre in question) you could easily change it for another and argue that it wasn't below limit. HAve a look at the numbering on your tyres.

Link to comment
Share on other sites

OK have it your way. Consider that if you got stopped and they said your NSF tyre was below limit (without a serial number to determine the actual tyre in question) you could easily change it for another and argue that it wasn't below limit. HAve a look at the numbering on your tyres.

Ok consider this, you could just say the officer made the number up and it is infact not fitted to your vehicle. Taking the serial number isn't a bad thing for the officer to do but it proves nothing, it's only really taken when the tyre is seized off the vehicle.

Link to comment
Share on other sites

Also rubbish.

It's 14 days for start off and if they report you on the roadside then there's no need to send you a NIP through the post. The officer has 6 months to submit a report file so could take 7 months before you get something through the post.

Correct, as long as you have been reported and cautioned for any offences disclosed verbally by the attending officer then there is no need for a written notice of intended prosecution (NIP), as the report and caution serves as the same thing. They may still send a paper copy out as a courtesy, but it aint required.

Similarly there are offences which NIP's arent even required for, namely Careless/Dangerous driving and a few others. NIP's are mostly only really used where unmanned speed camera's etc. are concerned as nearly all other offences and officer will be present and will caution and report for any offences disclosed.

There is a 6 month limit of proceedings on non-indictable offences (which where traffic offences are concerned is just about everything except drink drive/disqual/dangerous/death by dangerous) so you can be summonsed/charged at any time up to 6 months after the offence was committed.

As regards the tyre serial number, the officer may well take it for his/her records, however nearly all minor traffic offences are viewed as "strict liability" offence (i.e. you did it, or you didnt - the reason why most traffic offences are dealt with by means of roadside contemporaneous interview, rather than arrest) and as such, unless there is any material evidence to the contrary it all comes down to the officers witness evidence and the courts interpretation of it. As such, i dont see that there would be any "Requirement" to record any of the tyres details, just that it would be useful for the purposes of the officers statement etc.

Link to comment
Share on other sites

Correct, as long as you have been reported and cautioned for any offences disclosed verbally by the attending officer then there is no need for a written notice of intended prosecution (NIP), as the report and caution serves as the same thing. They may still send a paper copy out as a courtesy, but it aint required.

Similarly there are offences which NIP's arent even required for, namely Careless/Dangerous driving and a few others. NIP's are mostly only really used where unmanned speed camera's etc. are concerned as nearly all other offences and officer will be present and will caution and report for any offences disclosed.

There is a 6 month limit of proceedings on non-indictable offences (which where traffic offences are concerned is just about everything except drink drive/disqual/dangerous/death by dangerous) so you can be summonsed/charged at any time up to 6 months after the offence was committed.

As regards the tyre serial number, the officer may well take it for his/her records, however nearly all minor traffic offences are viewed as "strict liability" offence (i.e. you did it, or you didnt - the reason why most traffic offences are dealt with by means of roadside contemporaneous interview, rather than arrest) and as such, unless there is any material evidence to the contrary it all comes down to the officers witness evidence and the courts interpretation of it. As such, i dont see that there would be any "Requirement" to record any of the tyres details, just that it would be useful for the purposes of the officers statement etc.

Someone talking sense!

+1!

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    • No registered users viewing this page.
  • Community Partner

×
×
  • Create New...

Important Information

Welcome to BRISKODA. Please note the following important links Terms of Use. We have a comprehensive Privacy Policy. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.